Legal Opinion

American Soda Fountain Co. v. Hairston

Court of Appeals of Texas

Decided February 8, 1934No. 2931Published

1Opinion of the Court

HIGGINS, Justice.

On March 14, 1930, the American Soda Fountain Company, a corporation, incorporated under the laws of Delaware, filed this suit in One Hundred First district court of Dallas county, against R. A. Hairston and A. D. Nelson, copartners under the firm name of Hairston Drug Company. The suit was to recover upon notes given by defendants in payment for a soda fountain and its equipment and to foreclose a mortgage upon the property sold.

On April 12, 1930, defendants, in due order of pleading, filed plea in abatement and answer to the merits. In the plea they set up that the notes…

2Cases cited15 opinions

  1. Browning v. City of WaycrossSupreme Court of the United States · 1914
  2. York Manufacturing Co. v. ColleySupreme Court of the United States · 1918
  3. Phil. H. Pierce Co. v. WatkinsTexas Supreme Court · 1924
  4. Nevitt v. WilsonTexas Supreme Court · 1926
  5. Smith v. FerrellTexas Commission of Appeals · 1932

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