City of Cleburne v. Gutta Percha & Rubber Manufacturing Co.

KEY. Associate Justice.

The Gutta Percha & Rubber Manufacturing Company brought this suit against the city of Cleburne, a municipal corporation, on two promissory notes for the sum of $825 each. In addition to a general demurrer, several special exceptions and a general denial, the defendant pleaded specially that the notes were given in part payment for certain fire hose, and that the plaintiff had breached its contract of warranty in reference thereto. It was also alleged that the execution of the notes created a debt within the meaning of article 2, sec. 5 of our State Constitution, and was…