Lanes, Boyce & Co. v. Squyres & Iglehart

Citations

• 45 Tex. 382

Syllabus

<p>1. Composition — Consideration.—To support an agreement that the creditor take a sum less than the whole of an undisputed debt, it is necessary that the contract form part of an agreement with the debtor and all his creditors by which they were to receive a like sum. This is not supplied by allegation and proof that a like settlement was made with all the other creditors.</p> <p>2. Composition. — The fact that notes given in a composition are not paid at maturity will not invalidate the settlement and restore the original debt.</p> <p>3. Amendment — Parties—Costs.—It is competent to introduce new parties plaintiff by amendment to the petition: Provided, The amendment does not deprive the defendant of any defense he would otherwise have. In such amendment it is proper to tax costs on the party amending.</p> <p>4. Receipts — Parol testimony. — Where a paper is in the form of a receipt, but includes the terms of a contract, such receipt cannot be altered by parol testimony.</p> <p>5. Practice. — Where new parties are made as plaintiffs, and the testi- . inony shows such parties are entitled to recovery, it is error to render judgment in the name of the original parties.</p>