Davidson v. Gibson
Texas Supreme Court
Appeal from Eastland county. This was a suit brought by the appellee against the appellant, on three promissory notes amounting to over six hundred dollars.
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Appeal from Eastland county. This was a suit brought by the appellee against the appellant, on three promissory notes amounting to over six hundred dollars. Defendant set up as a defense a partial failure of consideration, alleging that the notes were given for a stock of cattle sold to defendant by the plaintiff, at the rate of two dollars per head; that of said stock he has not been able to obtain, by hunting for them in the range, more than one hundred dollars worth of said cattle; that he paid down, at the date of the purchase, six hundred dollars, and has also paid one hundred dollars on…
1Opinion of the CourtWalker, J.
Opinion by The exceptions taken by the plaintiff to-the defendant’s answer were properly sustained by the court, and the appellant’s counsel, in his brief, does not present either authority or argument to support the sufficiency of the answer.
It is not deemed essential, therefore, that we should enter upon a discussion of the several grounds upon which the answer was assailed by the plaintiff’s exceptions, in order to show the correctness of the ruling of the district court. It is sufficient to remark, that whether the answer be considered as a plea setting up a partial failure of…
2Cases cited9 opinions
- Scoby v. SweattTexas Supreme Court · 1866
- Lemmon v. HanleyTexas Supreme Court · 1866
- Croft v. RainsTexas Supreme Court · 1853
- Kinney v. LeeTexas Supreme Court · 1853
- Lee v. HamiltonTexas Supreme Court · 1854
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