Reports of cases argued and decided in the Supreme Court of the State of Texas during part of Galveston term, 1852, and the whole of Tyler term, 1852. Volume 8. Page: 2

                                
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Perry v. Herbert.
75 per cent. on cost, of which the defendant was ignorant when he gave hlis
note. He reiterated the promises of Ward by his agent, that all mistakes should
be corrected, &c., and stated that the latter promised to furnish his account,
which he had failed to do, or to correct the mistakes, &c.; that ---   dollars'
worth of the cotton were not accounted for by Ward, and that he had suffered
bales to be injured to the damage of the defendant ---  dollars; that
he owed Ward nothing at the date of the note, and that the latter fraudulently
transferred it to the plaintiff; that lie sold Ward 6,000 bushels of corn, which he
cribbed and tendered on the - day of --, 18--; that Ward refused to receive
it and suffered it to be destroyed.
On the next day (October 30th, 1850) he filed a further amendment, reiterating,
in general terms, his former averments as to the consideration of the note,
the charge of mistake in the account, and the omission to credit the full
amount of cotton, claiming a larger credit than that allowed for 6,000 bushels
of corn at 50 cts. per bushel, and alleging that he is entitled to a credit of
$1,500 above that allowed him, concluding by stating that the cotton was
delivered to Ward in Matagorda, but omitting to state in what year or years,
and further alleging that the same was sufficient to pay his entire indebtedness.
The plaintiff excepted to these amendments for uncertainty, again
pointing out wherein the want of certainty and sufficiency consisted. The
court sustained the exceptions by its judgment at that term. At the Fall
Term, 1851, the court appears to have again passed upon these exceptions, and
to have sustained them to the "amended answer" filed on the 30th of October,
1850, "as to so much as relates to one hundred and forty-six bales of cotton,
and overruled (them) as to the residue thereof."  On the same day the defendant
again amended, alleging that he delivered to Ward seventy-four bales of
cotton worth $50 per bale in November, 1843, and fifty-two bales worth $75 per
bale in 1844, and at another time not recollected twenty bales worth [4] $50
per bale, all of which was to be credited on his account for which the note
was given, but without stating that it had not been so credited. To this
amendment the plaintiff excepted, and his exceptions were overruled.
Verdict and judgment for the defendant. Motion for new trial overruled;
a statement of facts.
J. B. Jones, for appellant.
J. Rivers, for appellee.
WHEELER, J. It is not deemed necessary to examine in detail the various
pleas, exceptions, and rulings of the court presented by the record, or to
investigate the merits of the case on the statement of facts before us.
There are manifest irregularities in the proceedings, which appear to have
been occasioned, principally, by the manner in which the pleadings were conducted
on the part of the defendant. His answer is to be found in detached
parts, of various dates, consisting of amendments upon amendments, variant
and inconsistent in their statements, at one time claiming to have been entitled
to one credit, at another to a different one, and at another to have made full
payment. The original and its several amendments are blank in dates, and
are vague and uncertain in their several averments of the matters of fact on
which the defendant sought to rest his defense.
It is not surprising that there should appear to be a want of entire consistency
in the rulings of the court, at different times, on the sufficiency of these
pleadings, or that, at one time, the same exceptions should have been sustained
and at a subsequent time to have been overruled.
No one of the several pleadings filed by the defendant presents, within
itself, with anything like the requisite certainty and accuracy, facts which
constitute a defense to the action. It is to be gathered from the various allegations
of the defendant, made from time to time, that, if well pleaded and
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