Nations v. Thomas

Citations

• 25 Tex. 221

Syllabus

<p>The instructions of the court must correspond with the case made by the pleadings and evidence. Where the defendant pleads and proves a partial failure of consideration, he is only liable for what the article purchased is actually worth.</p> <p>Where it was proved that a drummer had obtained orders for a wholesale house, which it was in the habit of filling, the agency was sufficiently established to authorize proof of the representation of such agent in behalf of his principal. Parol evidence, to explain why a letter' admitting the debt and apologizing for non-payment was written, is not admissible.</p>