Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 96
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96 SHORT v. ABERNATHY. s [Tyler Term,
Opinion of the court.
agreement that the debt should be paid in pork, all of
which was excluded, and bill of exceptions taken.
Testimony was offered tending to show want of value of
the negro, under the plea of failure of consideration.
The court instructed the jury that "if the evidence
shows that the defendants did not discharge the contract
sued upon at maturity in cotton delivered at Jefferson at
nine cents per pound, then you will find for the plaintiffs
what the cotton was worth at the time, with interest at
eight per cent., unless it appears from the evidence that
the consideration for which the obligation was executed
failed in whole or in part," &c.
Stephens - Turaer and Culberson & Mabry, for appellants,
cited Donley v. Tindall, 32 Tex., 43; Casey v. Turner, 32
Tex., 64; Ritchie v. Sweet, 32 Tex., 333; Revis v. Blackshear,
30 Tex., 753; Cundiff v. Herron, 33 Tex., 623; 2
Greenl. Ev., §§ 600, 606, 609, 610; 2 Story on Cont., sees.
1002, 1005; Pas. Dig., art. 1464; Bailey v. Mills, 27 Tex.,
No counsel for appellees.
REEVES, ASSOCIATE JUSTIC,--The grounds of defense
in this case arise out of a contract for the hire of a negro
man slave for the year 1862. As shown by the pleadings
and evidence, this man was hired by K. Heath, acting as
agent for the payee in the notes, now Mrs. Abernathy, one of
the plaintiffs, to appellant, Short, who, with T. J. Akin and
W. J. Flinn, executed the notes described in the petition,
stating that the notes were given for the hire of said negro
man, and stipulating that the notes-one for $100 and the
other for $50-were to be paid in good middling cotton,
delivered in Jefferson, well baled, at nine cents per pound,
by the 25th of December, 1862, on the maturity of the
On the trial defendants offered to prove that the cotton,
by agreement of the parties, was to be valued in Confeder
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/104/: accessed June 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .