Fort v. Barnett
Texas Supreme Court
Error from Red River. Tried below before the Hon. William S. Todd. This was a suit brought on the 7th of April, 1853, by the defendant in error, against William T. Montgomery, for one-sixth of the profits, for one year, of a certain steam mill, which were alleged to have been worth $2,000. The action was based upon the following written agreement between the parties, dated the 11th day of January, 1848:— “ The conditions of this agreement are, that the said Barnett shall…
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Error from Red River. Tried below before the Hon. William S. Todd. This was a suit brought on the 7th of April, 1853, by the defendant in error, against William T. Montgomery, for one-sixth of the profits, for one year, of a certain steam mill, which were alleged to have been worth $2,000. The action was based upon the following written agreement between the parties, dated the 11th day of January, 1848:— “ The conditions of this agreement are, that the said Barnett shall loan to the said Montgomery, the sum of five hundred dollars, at the rate of ten per cent, interest, until the first day of…
1Opinion of the CourtRoberts, J.
The verdict in favor of Barnett, for $600, was not found upon the establishment of the validity of his agreement, to take $500 or $600, if Montgomery would enter into a compromise of his suit, with Smith & Sims, for $4000; because, had it been predicated upon that, the admitted account, pleaded in set-off, of $414, must have reduced the amount of the finding to less than $200. No part of the evidence accounted for the liquidation of this $414, so as to leave the $500 or $600 still due from Montgomery, to Barnett. If the jury then, should have found, from the facts proved, that the contract…
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