Pat H. Stanford, Inc. v. Franklin

WILLIAMS, Justice.

This suit was originally filed .on December 20, 1955, by B. H. Franklin and his wife, against Pat H. Stanford, Inc., in trespass to try title. By an amended pleading, two checks given by Stanford to the Franklins, totaling $3,500, were described and sued upon, same being Count 4 in said amended pleading, and so far as this appeal is concerned, only this part of the pleading is under consideration.

Immediately after the checks were given, Stanford stopped payment on one of them, and the bank declined to pay both of them, and this suit followed.

Appellant Stanford answered by a…