Counts v. Quin

This suit was filed by appellee (plaintiff below), in the district court of Taylor county, Tex., to recover of appellant, W. D. Counts (defendant below), the sum of $1,-000 alleged to be an overpayment by mistake of that amount for cotton purchased from appellant through appellee’s agent, B. M. Murphy, at Lawn, Tex., October 21, 1925. Ap-pellee answered by general demurrer and general denial.

Trial was before the court without a jury, and judgment was rendered for appellee, and this appeal prosecuted on due notice. The record contains no findings of fact or conclusions of law by the trial…