Myrick v. Tolivar

This suit, was instituted by appellant to recover from appellee the balance due on a shipment of hay and on an oat contract. Appellee did not seriously controvert appellant’s cause of action, but answered by cross-bill as follows:

“Now comes the defendant in the above-entitled and numbered cause, and with leave of court during the trial of said cause files this his trial amendment, and alleges and shows to the court as follows, to wit:

“(1) That the plaintiff agreed to deliver said oats in and during the month of July while the weather was dry and before the harvesting season began, and knew at…