Legal Opinion

Nickels v. Prewitt Auto Co.

Court of Appeals of Texas

Decided May 1, 1912PublishedCited by 7 opinions

Appeal from Williamson County Court; Richard Critz, Judge. Action by the Prewitt Auto Company against J. A. Nickels'. From a judgment for plaintiff defendant appeals.

1Opinion of the Court

This is a suit upon a promissory note for $300, with interest and attorney's fees, and from a judgment in favor of the plaintiff the defendant has appealed.

The appeal involves but two questions, and these are: First, that the note sued on is part of a contract which contravenes the anti-trust statute of this state, and therefore the note is not enforceable; and, second, that, if the contract does not contravene the statute referred to, the plaintiff had violated its terms, and that the defendant should be awarded damages as an offset against the note. The contract referred to shows that the…

2Cases cited3 opinions

  1. Gates v. HooperTexas Supreme Court · 1897
  2. Redland Fruit Co. v. SargentCourt of Appeals of Texas · 1908
  3. Norton v. W. H. Thomas & Sons Co.Texas Supreme Court · 1906

3Cited by7 opinions

  1. Wood v. Texas Ice & Gold Storage Co.Court of Appeals of Texas · 1914
  2. Padgitt v. Lone Star Gas Co.Court of Appeals of Texas · 1948
  3. Schlag v. JohnsonCourt of Appeals of Texas · 1919
  4. Woods v. American Brewing Ass'nCourt of Appeals of Texas · 1916
  5. Godsol v. Nash Motors Co.Court of Appeals of Maryland · 1921

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