Ballew v. Casey
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Jo Abbott. This was a suit brought by the appellees against the appellant on an itemized account for goods and merchandise amounting to $1,030.84, alleged to have been sold and delivered to the defendant, for which he promised to pay on demand what they were reasonably worth.
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Appeal from Johnson. Tried below before the Hon. Jo Abbott. This was a suit brought by the appellees against the appellant on an itemized account for goods and merchandise amounting to $1,030.84, alleged to have been sold and delivered to the defendant, for which he promised to pay on demand what they were reasonably worth. Attached to the petition was the account, sworn to by one of the plaintiffs before a notary public, but it did not appear in the certificate of the notary that his official seal was affixed thereto, or that he had no official seal. Plea, general denial; cause submitted to…
1Opinion of the Court
Walker, P. J. Com. App.
The evidence furnished by the defendant’s testimony was sufficient to sustain the judgment that was rendered. According to the plaintiffs’ petition the defendant “ bound, obligated himself, and promised to pay ” the plaintiffs, on demand, what the goods were reasonably worth. The evidence of what that value was is shown by agreement between the contracting parties at the times of the respective sales and delivery of the goods, which the defendant testified was the several sums of money charged in the itemized account sued on; and as between the parties to the sale such…
2Cases cited5 opinions
- Gammage v. AlexanderTexas Supreme Court · 1855
- Mims v. MitchellTexas Supreme Court · 1846
- O'Connor v. DingleyCalifornia Supreme Court · 1864
- McGreal v. WilsonTexas Supreme Court · 1853
- Hunt v. WrightTexas Supreme Court · 1855
3Cited by12 opinions
- Texas Water Supply Corp. v. Reconstruction Finance Corp.Court of Appeals for the Fifth Circuit · 1953
- Thompson-Houston Electric Co. v. BergCourt of Appeals of Texas · 1895
- Green v. ScalesCourt of Appeals of Texas · 1919
- American General Ins. Co. v. NanceCourt of Appeals of Texas · 1933
- Davidson v. AtmarCourt of Appeals of Texas · 1922
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