Cato v. Philips

Citations

• 28 Tex. 101

Syllabus

<p>To a suit upon a promissory note the defendant answered, that the plaintiff had wrongfully sold land belonging to the defendant, and had received a certain sum in payment for the same, which sum the defendant pleads in set-off and reconvention. Held, that the plea was good; that the defendant had a right to waive the tort, affirm the sale, and recover from the plaintiff the money received by him for the land; and that, the demand being for a certain sum, the defendant could avail himself of it in set-off. (Paschal’s Dig., Arts. 3443, 3446, Notes 794, 796, 797.)</p>