First National Bank v. Lynch
Court of Appeals of Texas
This suit was brought by appellant on a note for $600, with interest and attorney fees, executed by appellee to Corry & Stricklin, September 27, 1890, and endorsed to appellant before maturity.
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This suit was brought by appellant on a note for $600, with interest and attorney fees, executed by appellee to Corry & Stricklin, September 27, 1890, and endorsed to appellant before maturity. Appellee pleaded in setoff, that on September 3, 1890, he traded a stallion to appellant for certain mares, the values of such being agreed on in the trade; that he delivered the stallion, but the mares being then in another county, appellant undertook to deliver them within a reasonable time or pay their agreed value, but had failed so to do. The judgment was in favor of appellee for the difference…
1Opinion of the Court
HEAD, Associate Justice.
We find the evidence sufficient to sustain the verdict of the jury in finding that the value of the stallion and mares was fixed by agreement of the parties at time of the trade, and there was therefore no such uncertainty in appellee’s counter-claim as would prevent him from pleading it in setoff to the note sued on by appellant. We do not mean by this, however, to be understood as holding, that had the amount of appellee’s claim for the failure to deliver these horses been left to be ascertained by evidence as to their reasonable value, this would constitute such…
2Cases cited5 opinions
- John R. Jones & Co. v. HuntTexas Supreme Court · 1889
- Short v. AbernathyTexas Supreme Court · 1874
- Bummel v. Mayor, Aldermen & Inhabitants of HoustonTexas Supreme Court · 1887
- Charles Heidenheimer & Co. v. SidesTexas Supreme Court · 1886
- Bedwell v. ThompsonTexas Supreme Court · 1860
3Cited by3 opinions
- Ferguson v. Plainview Nat. BankCourt of Appeals of Texas · 1931
- Wolforth v. A. J. Deer Co.Court of Appeals of Texas · 1927
- McKinney v. Southwestern Liqour Co.Court of Appeals of Texas · 1918