Tinsley v. Ryon
Texas Supreme Court
Appeal from Brazoria. Suit for work and labor, lied and carpenters’ tools, §440. Plea of payment as appeared by account annexed and prayed to be taken as part of the answer. The account consisted of items of goods, payments to others on account of plaintiff’s intestate in his lifetime, &c. The testimony tended to prove that tiie items of the account were received as payments on account of the work. The proof as to the bed and tools failed.
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Appeal from Brazoria. Suit for work and labor, lied and carpenters’ tools, §440. Plea of payment as appeared by account annexed and prayed to be taken as part of the answer. The account consisted of items of goods, payments to others on account of plaintiff’s intestate in his lifetime, &c. The testimony tended to prove that tiie items of the account were received as payments on account of the work. The proof as to the bed and tools failed. Verdict for the plaintiff for 89.04. Judgment for plaintiff for the amount of the verdict and costs. Defendant appealed.
1Opinion of the CourtLipscomb, J.
The only error relied upon by the counsel for the plaintiff is that tiie judgment ought not to have been rendered against him for costs on the verdict of the jury,' it being for a sum under tiie jurisdiction of the District Court. The suit in this case was for work and labor done and performed by the plaintiff’s intestate as a carpenter for the defendant, at his special instance and request, and for the value of a bed and some tools. The defendant pleaded that lie had paid and overpaid the defendant’s intestate, and praj'ed judgment for tiie balance in reconvention. The verdict and judgment…
2Cited by3 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1942
- Bush v. SproatSupreme Court of Arkansas · 1884
- Bachrach v. Di CarloCourt of Appeals of Texas · 1935