Brazee v. Woods

Citations

• 35 Tex. 302

Syllabus

<p>'The firm of Sims & Co. consisted of three partners—Sims, Brazee, and Woods. The former two bought out the interest of Woods, and agreed to pay all the liabilities of the firm ; but no writings passed, except Woods’s transfer of his interest to the others. Woods after-wards sued Brazee’s administratrix and Sims, alleging that a certain note signed “Sims & Woods” was one of the liabilities of Sims & Co., assumed by Sims and Brazee, and that he had been compelled to pay it. Held, that the undertaking of Sims and Brazee, to pay the liabilities of Sims & Co., was not within the Statute of Frauds. But, held further, that Woods must prove that the firm of Sims & Co. was liable on the note signed “ Sims & Woods,” and also that he had actually paid it; and the receipt of a person not known to the record was not sufficient to establish the payment. (Walker, J., dissented in part, holding that neither the pleadings nor the evidence made any case against Brazee’s estate, and that the cause should be dismissed as against his administratrix, instead of being remanded.)</p>