Parks v. Dial

Citations

• 56 Tex. 261
• 1882 Tex. LEXIS 27

Syllabus

<p>1. Action—Set-off.—In a suit upon a contract to recover the contract price for specific articles delivered to defendant, no set-off for unliquidated damages, the right to which was assigned to defendant, and which accrued by trespass in procuring the specific articles, can be allowed.</p> <p>2. Tenant in common —Action.— One tenant in common cannot maintain an action of trespass quare clausum fregit without joining his co-tenants in the suit.</p> <p>3. Charge of court — Trespass.—See opinion for a charge of court, affecting the right of action of a tenant in common, held erroneous.</p>