Brooke Smith & Co. v. Southland Life Ins.

Appellee, Southland Life Insurance Company, a corporation, sued, appellants, Brooke Smith & Co., a banking firm, and the individual members composing it, for an alleged deposit of $7,268.39, which it refused to pay upon demand or to honor checks or drafts drawn thereon. Appellants answered formally, and by special plea set up a contract, partly written and partly oral, with appellee, under the terms of which it sought to withhold payment of the deposit, and also asserted a cross-action for damages because of an alleged breach of said contract.

Appellee addressed several general and special…