Allis-Chalmers Mfg. Co. v. Mitchell

Because of error in our original opinion we withdraw such opinion and substitute the folio-wing:

The attorney for appellant had in his hands for collection certain notes payable to the order of appellant and executed by appel-lee. Such attorney had prepared a petition for the purpose of filing suit in behalf of appellant and against appellee on said notes. It was the intention of said attorney to file same on that day, July 27, 1925, with the clerk of the district court of Potter county, Tex. On said July 27th, anticipating the filing of said suit by said attorney, the ap-pellee made his…