Waters v. Byers Bros. & Co.
Court of Appeals of Texas
Appeal from District Court, Hemphill County; W. R. Ewing, Judge. Action by Byers Bros. & Co., a livestock commission corporation, against Thomas Waters. Judgment for plaintiff on sustaining a general demurrer to the answer, and defendant appeals.
1Opinion
I agree to a reversal of the case on the ground that the allegations of the fourth subdivision of the answer set up a good defense to the foreclosure of the deed of trust referred to therein, but I cannot agree that the allegations of the first, second and third subdivisions of the answer are sufficient. A preliminary statement of my understanding of the effect of the statements made in the defendant's pleading will be useful in the discussion of the legal principles applicable to the case, as I view it.
It will be noted that it is not expressly stated in the answer that the agreement between…
2Cases cited21 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Kahn v. KahnTexas Supreme Court · 1900
- Hodge v. SmithWisconsin Supreme Court · 1907
- Dolson v. De GanahlTexas Supreme Court · 1888
- Belcher v. Mulhall & ScalingTexas Supreme Court · 1882
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