Davidson v. Gibson
Texas Commission of Appeals
Appeal from Eastland county. Opinion by Walker, J. Statement.— This was a suit brought by appellee against the appellant, on three promissory notes amounting to over $600. Defendant set up as a defense a partial failure of consideration, alleging that the notes were given for a stock of cattle sold to defendant by the plaintiff, at the rate of $2 per head; that of said stock he has not been able to obtain, by hunting for them in the range, more than $100 worth of said…
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Appeal from Eastland county. Opinion by Walker, J. Statement.— This was a suit brought by appellee against the appellant, on three promissory notes amounting to over $600. Defendant set up as a defense a partial failure of consideration, alleging that the notes were given for a stock of cattle sold to defendant by the plaintiff, at the rate of $2 per head; that of said stock he has not been able to obtain, by hunting for them in the range, more than $100 worth of said cattle; that he paid down at the date of purchase $600, and has also paid $100 on the notes sued on since their execution and…
1Opinion of the Court
Opinion.— The exceptions taken by the plaintiff to the defendant’s answer were properly sustained by the court, and the appellant’s counsel, in his brief, does not present either authority or argument to support the sufficiency of the answer. But on the other hand neither of the grounds was valid on which the court refused to allow defendant to amend his answer. See Dewitt v. Jones, 17 Tex., 623; also, 4 Tex., 454; 10 Tex., 520. Substantial defects which would wholly defeat a recovery, or materially affect or modify a judgment, maybe cured by amendment, and even the character of the suit may…
2Cases cited10 opinions
- Scoby v. SweattTexas Supreme Court · 1866
- Lemmon v. HanleyTexas Supreme Court · 1866
- Croft v. RainsTexas Supreme Court · 1853
- Dewitt v. JonesTexas Supreme Court · 1856
- Kinney v. LeeTexas Supreme Court · 1853
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