Legal Opinion

Gaines Motor Sales Co. v. Hastings Mfg. Co.

Court of Appeals of Texas

Decided March 5, 1937No. 13525PublishedCited by 4 opinions

1Opinion of the Court

DUNKLIN, Chief Justice.

This suit was instituted by the Hastings Manufacturing Company against the Gaines Motor Sales Company to recover the sum of $469.73, principal with accrued interest, alleged to be due on a negotiable instrument designated as a trade acceptance executed by defendant in plaintiff’s favor.

In addition to an answer to plaintiff’s petition, the defendant filed a plea of set-off and counterclaim based on allegations of facts substantially as follows:

The instrument sued on was executed for the purchase money of a quantity of flexible oil rings and Hastings flexible sets sold to…

2Cases cited2 opinions

  1. Swink v. City of DallasTexas Commission of Appeals · 1931
  2. Hogan v. W. H. Norris Lumber Co.Court of Appeals of Texas · 1935

3Cited by4 opinions

  1. McLernon v. Dynegy, Inc., Texas Court of Appeals, 14th District (Houston)2011
  2. Zachry v. Robertson Dba.Texas Supreme Court · 1948
  3. DeLuca v. Munzel, Texas Court of Appeals, 1st District (Houston)1984
  4. Burnell v. SchmidtCourt of Appeals of Texas · 1937

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