Mitchell v. Zimmerman
Texas Supreme Court
Appeal from Washington. The appellant suet! tin- applfilee upon an agreement; in writing for the payment of $22.), alleged to be in consideration of the rent of a farm for the year ending on I lie 1st of January, 18-19. The agreement is appended to the petition aud has indorsed upon it two receipts; one for $15, dated December 12, 1S4S: the other for $57, dated January 81, 1819. • At tile Dali Term, 18-19, the defendant answered, admitting (lio contract as alleged, but…
Read the full summary
Appeal from Washington. The appellant suet! tin- applfilee upon an agreement; in writing for the payment of $22.), alleged to be in consideration of the rent of a farm for the year ending on I lie 1st of January, 18-19. The agreement is appended to the petition aud has indorsed upon it two receipts; one for $15, dated December 12, 1S4S: the other for $57, dated January 81, 1819. • At tile Dali Term, 18-19, the defendant answered, admitting (lio contract as alleged, but averring that he was induced to make it by the false,- and fraudulent, representations of the plain till’ that there were in…
1Opinion of the Court
Wheeler, ,T.
It is insisted, on behalf of tiie appellant, that the court erred in the instruction to the jury, and that the verdict was not warranted by the evidence.
The instruction given must be understood in reference to the issue and evidence in tiie case. Tiie defense relied on was the fraudulent misrepresentation *40of the plaintiff in respect to the quantity of laud within the rented premises in a good condition for cultivation. The issue was as to this alleged fraud and deception, and to this point the evidence was directed. The charge, then, must be understood as having- had an especial…
2Cited by27 opinions
- Satterwhite v. RosserTexas Supreme Court · 1884
- Fromme v. JonesSupreme Court of Iowa · 1862
- Northern Texas Traction Co. v. Armour & Co.Texas Supreme Court · 1926
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
- Southern Pine Lumber Co. v. WhitemanCourt of Appeals of Texas · 1937
22 more not listed; retrieve them via the Exa API.