Kohlberg v. Awbrey Semple
Court of Appeals of Texas
Appeal from District Court, El Paso County ; M. Nagle, Judge. Action by Awbrey ■& Semple against Mrs. Olga Kohlberg, who impleaded A. T. Sam-worth. From a judgment for plaintiff, and for the impleaded defendant, defendant appeals.
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Appeal from District Court, El Paso County ; M. Nagle, Judge. Action by Awbrey ■& Semple against Mrs. Olga Kohlberg, who impleaded A. T. Sam-worth. From a judgment for plaintiff, and for the impleaded defendant, defendant appeals. Defendant assigned error upon the admission of testimony by Samworth that it was agreed between him and her husband that her husband should discharge a note given by Samworth to the City National Bank, which testimony was offered to show that the arrangement between Samworth and defendant’s husband was that of principal and agent.
1Opinion of the CourtHiggins, J.
Awbrey & Semple sued Mrs. Olga Kohlberg to recover the sum of $1,043.-17, the purchase price of coal alleged to have been sold and delivered to her during June, July, and August, 1910. The petition was in the ordinary form upon verified account for goods sold and delivered, and it was further alleged that at the time mentioned in the account Mrs. Kohlberg was the owner and proprietor of and engaged in conducting and running the St. Regis I-Iotel, in the city of El Paso, during said months, and that plaintiffs delivered at the hotel the coal mentioned in the account, and that it was accepted,…
2Cases cited8 opinions
- Newton v. NewtonTexas Supreme Court · 1890
- Wootters v. HaleTexas Supreme Court · 1892
- Zapp v. MichaelisTexas Supreme Court · 1883
- Tres Palacios Rice & Irrigation Co. v. EidmanCourt of Appeals of Texas · 1906
- Gulf, Colorado & Santa Fe Railway Co. v. HudsonTexas Supreme Court · 1890
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