G. H. Pearce & Co. v. Tootle, Hosea & Co.
Court of Appeals of Texas
Error from Hunt. Tried below before Hon. E. W. Terhune. The opinion states the case.
1Opinion of the Court
GAINES, Associate Justice.
This suit was brought in the court below by defendants in error against plaintiffs in error upon an open ac*150count for goods sold and delivered. The defendants after pleading withdrew their answer and there was a judgment nil dicit.
It is here claimed, that the judgment is for a greater sum than is warranted by the petition. The petition alleges that the goods were sold on the 4fch day of August, 1888, and refers for particulars to an itemized account attached to and made a part of the petition as an exhibit. In the account items amounting to $1304.62 are dated August…
2Cases cited7 opinions
- McDonald v. GreyTexas Supreme Court · 1867
- Chrisman v. DavenportTexas Supreme Court · 1858
- Cornelius v. ThompsonTexas Supreme Court · 1863
- Arnold v. WilliamsTexas Supreme Court · 1858
- Westall v. MarshallTexas Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Holloway Seed Co. v. City National BankTexas Supreme Court · 1898
- Consolidated Underwriters v. PruittCourt of Appeals of Texas · 1944
- Chapman v. J. W. Beltz & Sons Co.West Virginia Supreme Court · 1900
- Gouhenour v. AndersonCourt of Appeals of Texas · 1904
- New York Life Insurance Co. v. HerbertCourt of Appeals of Texas · 1907
2 more not listed; retrieve them via the Exa API.