Close v. Judson

Citations

• 34 Tex. 288

Syllabus

<p>T. Letters alleged to have been written by a defendant to the plaintiff, and containing acknowledgments of indebtedness, may be made the founda tion of a petition, within the purview of article 1443, Paschal’s Digest; and when so made they are admissible in evidence without proof of their execution, unless the defendant has denied their execution by plea under oath.</p> <p>2. The plaintiff’s petition alleged that the defendant owed him a certain amount for certain machinery, and then proceeded to aver that the defendant had acknowledged the indebtedness in letters written by him to the plaintiff on certain dates. , Copies of the letters were exhibited with and “ made parts of the petitionbut no direct allegation was made that the petition was “ founded in whole or in part ” upon the letters. Held, that the averments sufficed to make the letters the foundation of the action.</p>