Heidenheimer & Co. v. L. A. & Ellis

Citations

• 67 Tex. 426
• 3 S.W. 666
• 1887 Tex. LEXIS 899

Syllabus

<p>1. Pleading—Stated Account.—When a petition alleges the sale and delivery of specific goods to defendant with the prices-thereof on a bill of particulars annexed; that they were to be paid for by defendant on delivery; that the parties had an accounting, and accounted and agreed that a designated sum was due thereon; that the defendant wrote an acknowledgment on the paper containing the account that such designated sum was due the plaintiff, and delivered it to plaintiff, the averments show a stated account.</p> <p>2. Interest.—Though interest eo nomine is a creation of statute law, yet ‘ in many instances it will be assessed as damages when necessary to indemnify a party for an injury though the statute be silent on the subject In such cases it is not an incident to the debt, but is allowed by way of mulct or punishment, for some fraud, delinquency, or injustice of the debtor, or for some injury done by him to the creditor.</p> <p>3. Same.—Where interest as damages may be recovered, its recovery rests in-the discretion of the jury under appropriate instructions from the judge In such eases the fact that the verdict designates the amount which the jury find for the plaintiff in addition to the debt, as interest, instead of as damages will afford no ground for reversal.</p> <p>4. Verdict—Statement oe Facts.—It will be presumed that every fact necessary to sustain the verdict was established by evidence, in the absence of a statement of facts.</p> <p>5. Cases Followed.—Houston & Texas Central Railway Company v. Jackson, 62 Texas, 209; Fowler v. Davenport, 21 Texas, 635, and Close v.</p> <p>Fields, 13 Texas, 623, followed.</p>