Masterson v. Goodlett

Citations

• 46 Tex. 402

Syllabus

<p>1. “A crib of corn” is an indefinite quantity, not merely because the capacity of the crib is not stated, but because the expression, in common usage, does not mean a crib full of corn.</p> <p>2. Parol evidence—Begeift.—A receipt for a crib of corn, being exhibited as evidence against the maker of it, with parol evidence of its dimensions and a calculation of its capacity, does'not preclude the bailee from showing by parol the actual contents of the crib : and Held, Error to exclude such testimony.</p> <p>3. Measure of Damages.—It seems that in an action upon a contract for the delivery of personal property paid for, that interest should not be computed from the time fixed in the contract for its delivery, where a higher value at a subsequent 'time was adopted as the measure of damages. The interest should only be computed from the date of the valuation fixed.</p> <p>4. Same.—Where a bailee took possession of “a crib of corn,” at the request of the bailor, and for his benefit, the measure of damages on the bailee for using it would be the value when taken, with interest.</p> <p>5. Set-off—Partnership debts.—In a suit by a surviving partner on an obligation for a debt belonging to the partnership, but in his own name, the defendant can set off a partnership claim held by him. By the rule that “the debts must be mutual between the parties,” is meant the real, and not merely the nominal, plaintiff and defendant.</p> <p>6. Same.—This is the rule without reference to the solvency or insolvency of the members composing the firm.</p> <p>7. Same.—The authorities go further, and hold that if the demand sued on was the individual property of the survivor of a firm, the defendant would have the right to set off a partnership debt held by him against the firm.</p> <p>8. Case discussed.—This case distinguished from Hamilton v. Van Hook, 26 Tex., 305.</p>