Bigham v. Carr
Texas Supreme Court
Appeal from Polk. Tried below before the Hon. J. M. Maxcey. Samuel E. Bigham and Moses S. McCall instituted suits against the appellee, John F. Carr, severally, upon two separate promissory notes for §500 each, in defence to which Carr set up a contract entered into between him and the appellants, by the terms of which he agreed to sell them certain parcels of land therein described, and for which they agreed to pay the sum of two dollars per acre.
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Appeal from Polk. Tried below before the Hon. J. M. Maxcey. Samuel E. Bigham and Moses S. McCall instituted suits against the appellee, John F. Carr, severally, upon two separate promissory notes for §500 each, in defence to which Carr set up a contract entered into between him and the appellants, by the terms of which he agreed to sell them certain parcels of land therein described, and for which they agreed to pay the sum of two dollars per acre. He tendered in Court a deed and prayed judgment for the balance due on said contract. He further stated in his answer, that after the making of…
1Opinion of the CourtHbiephill, C. J.
The cause has been argued in this Court as if both the parties against whom was judgment had appealed. But the appeal bond was not signed by McCall; and the defendant, Samuel E. Bigham, must be regarded as the sole appellant.
Nor is there any authenticated statement of facts in the record. There is a paper purporting to be such statement, but it is not signed by the attornies of either party, or by the Judge. The defect was not noticed by the counsel, who have submitted arguments evincing much and careful research, ex*144cept by a single remark of counsel for appellee, that it does not appear that…
2Cases cited2 opinions
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- Farmers' Mill & Elevator Co. v. HodgesTexas Commission of Appeals · 1924
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