Ellis v. Tips
Court of Appeals of Texas
Appeal from Travis. Tried below before Hon. F. G. Mobbis. Walter Tips brought this suit against L. A. Ellis on December 16, 1895, in the District Court of Travis County, the residence of both plaintiff and defendant, to recover the purchase price of certain cotton ginning machinery sold and placed on the plantation of Ellis in Fort Bend County.
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Appeal from Travis. Tried below before Hon. F. G. Mobbis. Walter Tips brought this suit against L. A. Ellis on December 16, 1895, in the District Court of Travis County, the residence of both plaintiff and defendant, to recover the purchase price of certain cotton ginning machinery sold and placed on the plantation of Ellis in Fort Bend County. Defendant, among other defenses, pleaded in abatement the pendency of a suit brought by him against plaintiff on December 12, 1895, in the District Court of Fort Bend County, the place of performance of ' the written contract of sale, in which he…
1Opinion of the Court
KEY,
Associate Justice.—This is a suit by appellee to recover the contract price of a cotton gin and gin machinery placed by him on appellant’s plantation in Fort Bend County, less a credit of $190, conceded by appellee.
Appellant’s answer embraced a plea in abatement, alleging the pendency of a suit in Fort Bend County between him and appellee involving the same subject matter in controversy in this suit; a general demurrer and special exceptions; a plea to the merits, denying all liability except for the sum of $135.90, which amount he alleged had been.tendered to appellee; and a plea of…
2Cases cited1 opinion
- Thiele v. AxellCourt of Appeals of Texas · 1894
3Cited by13 opinions
- Long v. LongCourt of Appeals of Texas · 1925
- Garza & Co. v. Jesse French Piano & Organ Co.Court of Appeals of Texas · 1910
- E. F. Elmberg Co. v. Dunlap Hardware Co.Court of Appeals of Texas · 1921
- Priddy v. Business Men's Oil Co.Court of Appeals of Texas · 1922
- Miller & Vidor Lumber Co. v. WilliamsonCourt of Appeals of Texas · 1914
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