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: 413
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1875.] MOODY & JAMISON v. GARDNER. 413
Opinion of the Court,
cents, according to the memorandum made by the bookkeeper;
and that plaintiff, at that time, claimed that, according to his
contract, defendants owed him at least five hundred dollars
more, but would not pay him; and the cashier thought the declaration
was made in a voice loud enough to be heard through
There was other evidence, not necessary or important, with
reference to the opinion.
Defendants excepted to proof by plaintiff of a claim by him
of five hundred dollars more than he received by the settlement,
iLrst. The effect of the evidence was to vary, by parol, the
terms of an account stated between the parties, and adopted by
them as a basis of settlement.
Second. The declarations by plaintiff were not admissible to
affect defendants when made in their absence.
Overruled by the court, and its action assigned as error.
Willie & Cleveland, and F. Charles flume, for appellants.
Leslie Thompson and C. B. Sabin, for appellee.
RE EVES, J. This suit was brought by appellee to recover
five hundred dollars, as the balance claimed by him on a contract
with appellants for his services as a cotton-clerk for one
year from the 15th day of July, 1870.
The questions in the case related to the terms of the contract,
and whether any balance was due to the plaintiff as
claimed in his petition. No other issues were raised by the
The jury returned a verdict for the plaintiff for the amount
claimed in his petition, with interest from the 15th of July,
1871. Judgment was rendered for plaintiff for that sum, with
the interest as found by the jury. The plaintiff remitted the
interest prior to January 1, 1872.
The defendants applied for a new trial on several grounds,
which being overruled, they have appealed. It will not be
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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/m1/421/: accessed June 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .