Heard v. Lockett
Texas Supreme Court
Error from Washington. Tried below before the Hon. R. E. B. Baylor. The petition alleged all the facts, and made the under lease a part thereof.
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Error from Washington. Tried below before the Hon. R. E. B. Baylor. The petition alleged all the facts, and made the under lease a part thereof. There was a bill of exceptions, that after the plaintiff had read his petition and amended petition to the jury, and defendants’ attorney had announced his defence, the attorney of plaintiff offered to read in evidence the under lease, to the reading of which defendants objected, on the ground that said under lease, although made a part of the petition, was not as such read ; objection overruled, &c. The amendment struck out the words “ James…
1Opinion of the CourtRoberts, J.
Lockett had rented from Baldridge the Washington Hotel for the year 1855. Plaintiffs in error and Emmons, who were defendants below, gave Lockett an advance of five hundred dollars, styled by the witness a “bonus,” and took a lease of the place for 1855 from Lockett, agreeing to pay him his five hundred dollars upon taking possession, and also to pay to Baldridge one thousand dollars in quarterly instalments. This contract was reduced to writing. It was further alleged and shown, that defendants below went into possession and enjoyed the premises according to contract, paid the five hundred…
2Cited by10 opinions
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- Hunter v. B. E. Porter, Inc.Court of Appeals of Texas · 1935
- Stafford v. HarrisTexas Supreme Court · 1891
- Smith v. MoselyTexas Supreme Court · 1889
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