Lawrence v. Simonton
Texas Supreme Court
Error from Bobertson. This action was brought by the defendant in error against the plaintiff in error on two promissory notes.
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Error from Bobertson. This action was brought by the defendant in error against the plaintiff in error on two promissory notes. The defendant answered, and upon exceptions by plaintiff his answer was ruled out, whereupon.be filed the following amended answer: ££ And now comes the defendant and for answer saith, that t£ at the time of executing said notes, the said plaintiff and £: defendant entered into a contract by which the said plaintiff “ sold to said defendant four hundred acres of land, which is u described in a bond herewith filed as a part of this answer, 61 and marked A, and the…
1Opinion of the Court
Hemphill, Ch. J.
This was a suit on two promissory notes given for a part of the purchase money of a tract of four hundred acres of land. The defendant’s first answer was demurred out; he amended, and demurrer was also sustained to his amended answer; judgment went against him and he brought up the cause on writ of error.
The only assignment worthy of notice is the alleged error in sustaining exceptions to the answers of the defendant. Taking the amended answer as setting forth the best case which the defendant could make for himself, it appears that as a partial defence against the note, he…
2Cited by3 opinions
- Tooke v. BondsTexas Supreme Court · 1867
- Adams v. Fidelity Lumber Co.Court of Appeals of Texas · 1918
- Littlefield v. TinsleyTexas Supreme Court · 1858