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: 411
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1875.] MOODY & JAMISON V. GARDNER. 411
Statement of the case.
MOODY & JAMISON V. T. S. GARDNER.
EVIDENCE. A party to a suit cannot, on his own direct examination, or 6n
that of one of his witnesses, give in evidence his own declarations
made to third persons, in regard to particular facts in issue, when the
adverse party was not present.
APPEAL from Galveston. Tried below before the Hon. A.
In November, 1871, Gardner sued Moody & Jamison in the
District Court of Galveston county, to recover a balance of five
hundred dollars, gold, alleged to be dae him on a contract
made with them for one year's services to be rendered by him
as their cotton-clerk, the employment beginning in July, 1870.
It was claimed that the contract had been performed on plaintiff's
Defendants answered, denying indebtedness, and alleging
performance of their contract.
The only issue between the parties, presented either by
pleadings or proof, was as to the terms of the contract. Plaintiff
insisted that the defendants agreed to pay him two thousand
dollars, gold, for the year, certain; and; in addition thereto,
one hundred dollars for every thousand bales of cotton
received by them during the season in excess of twenty thousand
bales; and since, according to his allegations, defendants
had received during the season thirty thousand bales, and had
only paid him two thousand five hundred dollars on his salary,
they were still indebted to him in a balance of five hundred
Defendants, on their part, averred the contract to be exactly
as stated by plaintiff, with one very material exception: the
additional compensation of one hundred dollars for every thousand
bales received in excess of twenty thousand, was limited
by the proviso that it should in no case exceed, together with
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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/m1/419/: accessed December 10, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .