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34 Tex. 288

Close v. Judson

Texas Supreme Court

Decided July 1, 1871

Texas Supreme Court · decided 1871-07-01

Tried below before the Hon. George R. Scott. The appellee sued for $2500, proceeds of machinery consigned by him to appellant in the year 1859, and alleged to have been sold for account of plaintiff. The petitioner alleged that by two letters written to him on the third of July and the twelfth of September, 1860, by the defendant, the latter had acknowledged the sums of $1000 and $1500, to be due the plaintiff on account of the machinery.

Cited by 1 later decisions — most recently May 1967

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-07-01

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Walker, J.

¶1This was an action brought ¡in sthe district court, in which the plaintiff set out in his petition the statement-of an account between himself and the defendant, and made by the defendant; also two letters written by the defendant to the plaintiff, in which the defendant acknowledged certain sums of ¡money due from him to the plaintiff.

¶2These instruments were made the foundation ef the action, and the plaintiff averred «their execution by the defendant.

¶3There was no' plea ef non est factum, nor did the defendant •deny the execution ef these papers under oath, but he objected to 'the reading of them on the trial. The objection was overruled by the court, and, we think, properly. The case of Fulshear v. Randon, 18 Texas, 275, and the case of Prince v. Thompson, 21 Texas, 480, are all sufficient authority in ¡this case.

¶4We discover no error in the record-on which to reverse -the judgment in this case, .and .it .is therefore affirmed.

¶5Affirmed.

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