Howard v. J. H. Britton & Co.

Citations

• 71 Tex. 286
• 9 S.W. 73
• 1888 Tex. LEXIS 1137

Syllabus

<p>1. Secondary Evidence.—Where there is no contention as to the contents of a written lease it is competent to prove by parol its existence and its transfer without accounting for its non-production.</p> <p>2. Same.—Nor would the admission of a certified copy of such lease, without accounting for the original, be material error, the terms of the instrument not being in issue.</p> <p>3. Assignment of a Lease.—In an action for the consideration for an assignment of a lease for a term of years an eviction by the landlord for non-payment of rent would in no way operate as a defense. It is not a recovery under a title different and paramount from that held by the tenant.</p> <p>4. Plea in Abatement—Practice.—A plea in abatement was filed after plea to the merits—attention of the court was not called to it until after the testimony to the merits had closed, when a charge was asked upon the plea, held that it will be considered that the plea was waived.</p>