Stockwell v. Melbern
Court of Appeals of Texas
Error from District Court, Brazoria County; Samuel J. Styles, Judge. Suit by Elmer P. Stockwell against Charles W. Melbern and another. To review a judgment for the named defendant on his cross-bill, plaintiff brings error.
1Opinion of the CourtMcMEANS, J.
Elmer P. Stockwell brought this suit against Charles W. Mel-bern and J. J. West for debt in the sum of $1,000, and 7 per cent, interest thereon from December 24, 1912, alleged to be due upon a written contract.
Charles W. Melbern answered, admitting that according to the apparent tenor of .the contract he was indebted to Stockwell for said sum, and admitted plaintiff’s cause of action, except in so far as the same should be defeated by the subsequent allegations of his answer. He then pleaded a failure of consideration for the execution of the contract, and that the contract was procured by…
2Cases cited2 opinions
- Morris v. HollandCourt of Appeals of Texas · 1895
- Stockwell v. MelbernCourt of Appeals of Texas · 1914
3Cited by1 opinion
- Stewart v. MannOregon Supreme Court · 1917