Miller, Billups & Co. v. Morris, Ragsdale & Simpson

Citations

• 55 Tex. 412
• 1881 Tex. LEXIS 135

Syllabus

<p>1. Practice in district court.— When an amended pleading is filed, of which opposing counsel has notice, and after having had time to examine the same, they announce ready for trial, the supreme court will not on appeal regard a refusal of the district judge to permit a withdrawal of the announcement of ready for trial to allow time to prepare further pleading, as being such an abuse of discretion as to authorize a reversal.</p> <p>2. Covenant in lease.— A clause in a lease by which the lessees agree “to give peaceable possession of the said shops, oxen, wagon, houses, mill and gin, in as good condition as when delivered to them; that is to say, in good running order, ordinary wear and tear excepted,” does not, in the absence of negligence, bind the lessee to rebuild in case of casual destruction of the property, by fire, or make them responsible in damages for the loss.</p>