League & Lufkin v. Davis
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. William H. Stewart. Suit by Wilson Davis against League & Lufkin, alleging that defendants employed him as drummer for their mercantile house on the 1st of May, 1876, for one year, to commence 1st of May, 1876, and to end 1st of May, 1877, at a salary of $3,000 for the year.
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Appeal from Galveston. Tried below before the Hon. William H. Stewart. Suit by Wilson Davis against League & Lufkin, alleging that defendants employed him as drummer for their mercantile house on the 1st of May, 1876, for one year, to commence 1st of May, 1876, and to end 1st of May, 1877, at a salary of $3,000 for the year. Davis afterwards amended his petition, and alleged that “ the contract set forth in his original petition-was made and entered into by plaintiff and defendants, for the employment therein set forth, on the 20th of March, 1876, and that in pursuance thereof plaintiff…
1Opinion of the Court
Gould, Associate Justice.
The defendants could waive their immunity under the statute of frauds, and unless the defense was in some way set up, or called to its attention, the court was not required to interpose it. (Brown on Stats. of Frauds, sec. 508, and refs.; 1 Dan. Ch. Pr., 4th Am. ed., pp. 656, 657; Burke v. Haley, 2 Gill., (Ill.,) 614; Gillespie v. Battle, 15 Ala., 276; Cozine v. Graham, 2 Paige, 181; Crutchfield v. Donathon, 49 Tex., 696.)
The record fails to show that the statute of frauds was invoked as a defense on the trial, either by pleading it, by objecting to the admissibility…
2Cases cited3 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Crutchfield v. DonathonTexas Supreme Court · 1878
- Gillespie v. BattleSupreme Court of Alabama · 1849
3Cited by17 opinions
- Larrabee v. PorterCourt of Appeals of Texas · 1914
- International Harvester Co. of America v. CampbellCourt of Appeals of Texas · 1906
- First National Bank in Dallas v. ZimmermanTexas Supreme Court · 1969
- Bringhurst v. Texas Co.Court of Appeals of Texas · 1905
- Pool v. Wedemeyer & SchulteTexas Supreme Court · 1882
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