Jefferson Lumber Co. v. Williams

Citations

• 68 Tex. 656
• 5 S.W. 672
• 1887 Tex. LEXIS 746

Syllabus

<p>Reconvention—Pleading—Attorney’s Fees.—In a suit on note to recover a debt, the payment of attorney’s fees stipulated for in the note, can not be defeated when the defendant admits that the principal and interest is due, by showing that the plaintiff had contracted when the note was given to release all claims for damages based on defendant’s violation of the covenants in another contract, and that another suit is pending in the same jurisdiction against defendant for such damages. If the defendant desires a cancelation of the contract on which the suit for damages is based, and to have the questions in both suits settled in one, he should move to have the cases consolidated; failing in this, he should pay the note according to its terms, set up his contract for the release of damages in the other suit, and thr-n seek a cancelation of the former contract on which the claim for damages is based.</p>