Legal Opinion

Merriwether v. Hardeman

Texas Supreme Court

Decided July 1, 1879PublishedCited by 20 opinions

Appeal from Caldwell. Tried below before the Hon. L. W. Moore. On the 25th of February, 1878, Hardeman, appellee, sued Merriwether, appellant, on a parol statement of accounts for a balance of §928.25, and for foreclosure of a mechanic’s lien claimed upon a mill site, mill, gin, and machinery.

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Appeal from Caldwell. Tried below before the Hon. L. W. Moore. On the 25th of February, 1878, Hardeman, appellee, sued Merriwether, appellant, on a parol statement of accounts for a balance of §928.25, and for foreclosure of a mechanic’s lien claimed upon a mill site, mill, gin, and machinery. On the 29th of March, 1878, appellant answered hy general demurrer, alleging a partnership; impeached the statement of accounts for fraud and mistake; prayed for a restatement of accounts, and for damages. On the 24th of September, 1878, appellant filed Ms first supplemental answer. On the 30th of…

1Opinion of the Court

Gould, Associate Justice.

Our opinion is, that the pleadings of plaintiff stated no case entitling him to the partnership lien given by the judgment.

Those pleadings show a contract between plaintiff" and defendant to erect jointly at a certain point a mill and gin, certain specified things to be done by each for that purpose, each party to bear one-half of the expenses of the construction, mutually agreeing that if either party should furnish more than the other of money, materials, &c., “ in the erection of the said mill, the other party so in arrears will pay to the party having the greater…

2Cited by20 opinions

  1. State v. Illinois Central RailroadIllinois Supreme Court · 1910
  2. Smith v. ChipleyTexas Supreme Court · 1929
  3. Chipley v. SmithTexas Commission of Appeals · 1927
  4. Hardee v. Adams Oil Ass'nCourt of Appeals of Texas · 1923
  5. Masterson v. AllenCourt of Appeals of Texas · 1934

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