Hooper Lumber Co. v. Texas Fixture Co.

Appellee owed appellant an open account for goods, wares and merchandise in the sum of $202.50, of which no part was paid by or for appellee. Appellant was of the belief that it would lose its entire debt unless it could get a speedy judgment, and, for the express purpose of bringing the amount within the jurisdiction of the justice’s court, appellant abandoned and renounced its debt to the extent that it exceeded $199.75, intending to be forever precluded from asserting any claim to such excess.

Appellant then sued appellee in the justice’s court on the account for $199.75.

Appellee sought to…