Legal Opinion

McKinney v. Southwestern Liqour Co.

Court of Appeals of Texas

Decided March 14, 1918No. 816Published

Appeal from El Paso County Court; E. B. McClintock, Judge. Suit by the Southwestern Liquor Company against B. F. McKinney.- From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtHiggins, J.

Appellee sued appellant upon a promissory note. By cross-action, appellant set up a counterclaim arising out of a breach of contract. It was alleged by McKinney that he had performed certain services for appellee and incurred certain expenses in the performance thereof; that ap-pellee had agreed to pay the reasonable value of his time in the performance of said services and the expenses which he had incurred. The value of his time and the amount of expenses incurred were alleged.

An exception to the counterclaim was sustained upon the ground that the items thereof were unliquidated demands,…

2Cases cited2 opinions

  1. D. June & Co. v. BrubakerCourt of Appeals of Texas · 1893
  2. First National Bank v. LynchCourt of Appeals of Texas · 1894

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