Ballew v. Casey

Citations

• 60 Tex. 573
• 1884 Tex. LEXIS 3

Syllabus

<p>1. Suit on account — Evidence.— In a suit to recover on an itemized account, under an allegation that the defendant promised to pay on demand what the goods sold were reasonably worth, evidence is admissible showing an agreement between the contracting parties, when the goods were sold and delivered, by which the purchaser agreed to pay the sums therefor set forth in the account; such evidence is not inconsistent with the cause of action set forth in the petition.</p> <p>2. Same.— In such an action, no recovery could be had for an amount in excess of the value agreed on in such a contract. Distinguished from McGreal v. Wilson, 9 Tex., 426.</p> <p>3. Demand.—When the obligation to pay is complete, no demand is necessary before the institution of suit to recover thereon.</p>