Legal Opinion

Oliver v. Edward Weil Co.

Court of Appeals of Texas

Decided May 24, 1911PublishedCited by 3 opinions

Appeal from Harris County Court; A. E. Amerman, Judge. Action by the Edward Weil Company against Gean Oliver. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtJames, C. J.

Plaintiff, the Edward Weil Company, sued appellant on a sworn account, showing balance of $237.12. Defendant answered under oath by a general denial, and a plea to the jurisdiction, to the effect that plaintiff had knowingly and fraudulently, for the purpose of conferring jurisdiction upon the court, failed to give appellant credit for the sum of $100, evidenced by a receipt attached to the answer, which was written by Edward Weil himself. The receipt read: “Received of Gean Oliver one hundred dollars % of his bill. Edward Weil & Co. Sept. 10, 1908.” Defendant pleaded also the statute of…

2Cited by3 opinions

  1. American Druggists' Syndicate v. Holt Drug Co.Court of Appeals of Texas · 1925
  2. F. W. Cook Brewing Co. v. PageCourt of Appeals of Texas · 1926
  3. J. W. Carter Co. v. PierceCourt of Appeals of Texas · 1930

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