Kotwitz v. Wright

Citations

• 37 Tex. 82

Syllabus

<p>1. Defendant, being sued for debt, answered that he was an attorney, and as such had been employed by the plaintiff to prosecute suits and collect money, and to render his professional services generally to the plaintiff, and that from the year 1858 until the year 1863, he did so prosecute suits and collect for the plaintiff; and he pleaded in set-off his account therefor, one item of which was a charge in gross of three hundred and seventy dollars, for commissions on three thousand seven hundred dollars collected, without specification of other particulars. Plaintiff excepted to the answer, for uncertainty. Held, that the exception should have been sustained ; the set-off was not pleaded with the particularity required by Article 3444, Paschal’s Digest.</p> <p>2. Cash-books, or other books of occasional entries, are not admissible as evidence to establish items therein charged against other parties. The book of daily entries is admissible under proper circumstances, and with proper restrictions.</p>