T. H. Hays & Co. v. E. M. Samuels & Sons

Citations

• 55 Tex. 560
• 1881 Tex. LEXIS 152

Syllabus

<p>1. Certainty—Account—Statute construed.—An account between merchant and merchant attached to a petition, and referred to as an exhibit by appropriate allegations, regarding the sale and delivery of goods, which contained the following item, “1873, August 30. To merchandise, $114.50,” is sufficiently certain and in compliance with arts. 4611 and 4612, Pasch. Dig.</p> <p>2. Distinguished.— This case distinguished from Love v. Doak & Tims, 5 Tex., 346, and May & Co. v. Pollard, 28 Tex., 678.</p> <p>3. Evidence.—The possession of acceptances by the plaintiff, drawn by defendant on him in favor of third parties, is sufficient to raise the presumption that he had paid them.</p> <p>4. Variance.— See statement of case for variances held not to be fatal.</p>