Palmer v. Wilks
Texas Supreme Court
Appeal from San Augustine. Tried below before the Hon. Archibald W. 0. Hicks. The plea was as follows : And now comes the said defendant by his attorney, leave of the Court being first had and obtained, and amends her original plea, heretofore filed herein, by averring that if any such draft as described and set forth in plaintiff's petition, was ever given by this defendant to plaintiff, it was given by this defendant to said plaintiff for the sale and delivery of a certain…
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Appeal from San Augustine. Tried below before the Hon. Archibald W. 0. Hicks. The plea was as follows : And now comes the said defendant by his attorney, leave of the Court being first had and obtained, and amends her original plea, heretofore filed herein, by averring that if any such draft as described and set forth in plaintiff's petition, was ever given by this defendant to plaintiff, it was given by this defendant to said plaintiff for the sale and delivery of a certain horse, at and for a certain price or sum of money, to wit: the sum of one hundred and twenty dollars, to be paid by…
1Opinion of the CourtLipscomb, J.
The only error we propose to notice, is the striking out the answer of the appellant, setting up in his defence that the note sued on was given for a horse purchased by him from the plaintiff below, the appellee in this Court, that was unsound and worthless. It is alleged that the horse was unsound and wholly worthless to the defendant, and that the plaintiff had warranted the horse to be sound, and knew that he was unsound at the time, to the great damage, &c. To *107this plea the plaintiff filed a peremptory exception, which was sustained by the Court and the plea stricken out. We believe the…
2Cited by1 opinion
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