Gee v. Saunders

Citations

• 66 Tex. 333
• 1 S.W. 272
• 1886 Tex. LEXIS 515

Syllabus

<p>1. Note with vendor’s lien—Assignee—Practice—The assignee of a negotiable note retaining a vendor’s lien, and transferred before maturity, sued the maker and prayed for a foreclosure of the lien. The maker answered, pleading failure of consideration, and put in a claim for improvements and for that portion of the purchase money he had already paid. Held:</p> <p>(1) In the absence of an allegation charging the assignee with notice of the failure of consideration, the answer presented no defence.</p> <p>2. Variance—See statement of facts for variance held immaterial.</p>