Crutchfield v. Stanfield
Texas Commission of Appeals
Appeal from Jack county. Opinion by Walker, F. J. Statement.— This suit was brought by the appellee on a note of $600 against the appellants. The defendants allege that the note was given for the purchase of a mare bought by Crutchfield and Howard from the plaintiff for a race mare, on March 7, 1874; that the plaintiff represented the mare uninjured for racing purposes, and that they bought her relying upon said representations.
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Appeal from Jack county. Opinion by Walker, F. J. Statement.— This suit was brought by the appellee on a note of $600 against the appellants. The defendants allege that the note was given for the purchase of a mare bought by Crutchfield and Howard from the plaintiff for a race mare, on March 7, 1874; that the plaintiff represented the mare uninjured for racing purposes, and that they bought her relying upon said representations. They allege that those representations were fraudulently and wilfully false in that the mare was, at that time, with foal, which fact rendered her useless for the…
1Opinion of the Court
Opinion.— The remedy sought, or the relief prayed for, by the defendants’ plea, characterizes the answer which he makes, and it indicates to the court the rules by which its sufficiency shall be tested. Under the facts which the defendants allege, they had the election to plead them defensively, as constituting-a total or a partial failure of the consideration for which the note was given, and for damages also m reconvention, if such they claimed, for the alleged fraud practiced upon them by the plaintiff. Such a' defense as that would be does not seek to avoid the sale, and would be a…
2Cases cited2 opinions
- Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
- Barlow v. BurnsCalifornia Supreme Court · 1870
3Cited by3 opinions
- Winters v. CowardCourt of Appeals of Texas · 1915
- Grundy v. GreeneCourt of Appeals of Texas · 1918
- American Land Co. of Texas v. DaleCourt of Appeals of Texas · 1932