Lynch v. Richardson Lumber Co.

The opinion of the court was delivered by

TaesNey, J.:

The only question presented or argued in the brief of counsel for the plaintiff in error, arises upon the action of tbe court below in overruling a demurrer to defendant in error’s petition. The petition set forth in ordinary and concise language that the plaintiff sold and delivered to the defendant a bill of lumber amounting to $595; that defendant■ admitted the correctness of the account; that defendant gave to the plaintiff his check in payment of said account, drawn on the National Bank of Fort Worth, Texas : that said check was given…