Benton v. Kutykendall

TaLBOT, j. J. W.

Kuykendall instituted this suit on December 13, 1910. On March 25, 1912, his wife, Mrs. Olivia Kuykendall, became a party plaintiff, adopting the allegations of her husband’s first amended original petition, upon which the ease was tried. It was alleged, in substance, that on May 25, 1910, appellee' Kuykendall made a written contract with the appellant, C. A. Benton, by which appellees sold to him 300 cords of wood, and that Benton paid them therefor» two notes for $300 each, payable in lumber,' made by J. S. Brasher, and the further sum of $300 in money; that afterwards, on…