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: 152
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152 KING v. GooDsoN. [Tyler Term,
Statement of the case.
An inspection of the statement of facts shows, in our
opinion, that the evidence is not sufficient to support appellant's
defense. The credit certainly had not been given
when he called for his account. He does not say that this
was done on his reminding appellees of their promise to
give it. The balance of his account, if the credit should
be allowed, was ascertained and paid. Still the account
was not closed; but instead of doing this, " one of the appellees"
told him to let tlhe matter stand, and he would
make it all right; and then, says appellant, " They had
never given himi the credit, as Marsh had agreed to do."
The legitimate inference to be drawn from appellant's
statements is, that on faith of the promise given him " to
make it all right," le confidently relied upon ultimately
receiving the credit, but that he did not and could not
have supposed that this promise had been in fact fulfilled,
and the credit actually given. Until this was done the
promise was an executory agreement without consideration
upon which it could be enforced.
The judgment is affirmed.
JAMES B. KING ET AL. V. W. J. GOODSON ET AL.
1. SERVICE OF CITATION.-A sheriff's return, " Came to hand September
30th, 1873, and executed same day by handing J. B. King and John
A. Pearce, in person, a certified copy of plaintiffs' petition, together
with a copy of this citation, this October 1st, A. D. 1873 :" Held, insufficient
in not clearly showing service upon both citation and copy
2. AMENDMENT-PRACTICE-JUDGMENT BY DEFAULT.-Where judgment
was taken by default, enforcing a vendor's lien set up by amendment
upon one-half interest in a town lot, wherein the original lien
was insisted upon against two-thirds of a half interest, and defendant
having no notice of amendment: Held, to be error.
ERROR from HLopkins. Tried below before the Hon. W.
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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/m1/160/: accessed July 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .