Helms v. Day

HALL, Justice.

Appellee, Dr. Giles W. Day, of Tarrant County, Texas, sued appellant, William W. Helms, of Tarrant County, Texas, for the balance of $250 due and owing, to him by appellant on a note in the sum of $400.

Appellant (defendant) alleged, in his second amended answer, failure of consideration, substantially as follows: That his wife was ill and he took her to appellee for treatment; that after examination, ap-pellee informed appellant that he could and would restore appellant’s wife to a normal mental condition, upon condition that appellant pay appellee the sum of $550 in advance;…