Thomasson v. Davis

BOND, Justice.

This suit was instituted by J. O. Davis against A. R. Thomasson and Elridge Price, upon a promissory note executed by Thomas-son to Price and indorsed to Davis.

The note was executed and delivered in consideration of Price agreeing to deliver to Thomasson a formal assignment of royalty interest in an oil and mineral lease on lands in Grayson county, Tex.. Thomasson refused payment, contending that the assignment was never delivered, and that, before Davis purchased the note, Thomasson informed him of the failure of consideration. Davis denied that he had any such notice, and…