Dewees v. Hudgeons
Texas Supreme Court
Appeal from Colorado County. This suit was brought by the appellee against the appellant, to recover five hundred dollars, alleged to be due for furnishing materials and building a house in the town of Oolumbus, at the special instance and request of defendant.
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Appeal from Colorado County. This suit was brought by the appellee against the appellant, to recover five hundred dollars, alleged to be due for furnishing materials and building a house in the town of Oolumbus, at the special instance and request of defendant. The defendant pleaded the general issue, a non joinder of parties, and specially, that the building contract in respect to which the suit was brought was entered into by the defendant and others, as commissioners, acting for and on behalf of the citizens of the town of Columbus and county of Colorado, with the plaintiff and one Ilicks,…
1Opinion of the Court
"W"iieeleR, J.
The appellee sued the appellant upon an alleged contract that, in consideration of materials furnished and labor done by the plaintiff at the request of the defendant, he (the defendant) promised the plaintiff to pay him therefor the sum of $500.
The petition seems to have been framed in imitation of a common law declaration in assumpsit, embracing three counts: the indebitatus assumpsit, quantum meruit and account stated. But as no exception has been taken to its legal sufficiency, and as it will not therefore become necessary to institute any inquiry upon that subject, its…
2Cases cited4 opinions
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Miller v. WhittierSupreme Court of Louisiana · 1833
- Flower v. Hagan & Co.Supreme Court of Louisiana · 1831
- Hanna v. His CreditorsSupreme Court of Louisiana · 1822
3Cited by5 opinions
- McManus v. WallisTexas Supreme Court · 1880
- Vogel v. VogelCourt of Appeals of Texas · 1966
- Besso v. SouthworthTexas Supreme Court · 1888
- David Wallace & Co. v. Bogel & Bro.Texas Supreme Court · 1884
- Morris v. MontgomeryTexas Supreme Court · 1882