Kerrigan v. Deatherage

The facts in this case are agreed to. On May 29, 1924, appellant purchased from appellee a memorial gravestone, to be put in the cemetery at Quanah, Tex. The contract relative thereto was in writing, and provided that appellant would pay appel-lee $1,300 at Wichita Ealls, Tex., after the stone had been erected at Quanah. There was written on the back of said contract by appellee, at the instance of appellant, before she would sign same, the following: “Copy of contract and drawing in First National Bank, Quanah, Texas. Payment will be made from City National Bank, Dallas.”

On May 9, 1925,…