Bender v. Freidrich

Citations

• 39 Tex. 276

Syllabus

<p>1. In a contract of sale 'whicli does not fix the time when it shall he consummated, where the notes for the consideration form part of the same transaction, the contract matures at the date fixed for the maturity of the notes.</p> <p>2. Where the defendants plead, under oath, failure of consideration, specifically setting up the matter and manner of such failure, it is error to exclude testimony in support of such plea.</p>