Fulshear v. Randon

• Decision Date: 01 January 1857
• Citation: 18 Tex. 275
• Parties: CHURCHILL FULSHEAR v. DAVID RANDON.
• Court: Texas Supreme Court

18 Tex. 275

CHURCHILL FULSHEAR

v.DAVID RANDON.

Supreme Court of Texas.

1857.

In order to bind a party to a written contract, it is not necessary that his signature should appear at the end of it. If he writes his name in any part of the agreement, it may be taken as his signature, provided it was there written for the purpose of giving authenticity to the instrument, and thus operating as a signature. 21 Tex. 480.

Where any pleading is founded, in whole or in part, on any writing charged to have been executed by the other party or by his authority, when such writing is produced at the trial, if the name of the party occur in it as a contracting party, as alleged, although his name be not signed as usual at the end thereof, and such party shall not have filed his affidavit denying the execution of any such alleged contract, such writing is admissible in evidence without proof, and it would seem, binds the party as his admitted contract.

Appeal from Fort Bend. Tried below before the Hon. James H. Bell.

Suit by appellant against appellee, alleging that on the 8th day of November, 1854, the defendant, one M. Ware, and plaintiff, made an agreement in writing whereby each of said parties bound himself to contribute five bales of cotton, of good middling quality, of 500 lbs. each, or in lieu thereof $250, to form a purse to be run for by two-year-old colts, the distance of one mile, at the track of the plaintiff in the county aforesaid, on the 15th day of November, A. D. 1855; and that each of said parties bound himself to forfeit the said five bales of cotton or $250, if he should fail to contend for the purse; that said Ware and plaintiff ran for said purse accordingly, but the defendant failed to run and contend for said purse; that plaintiff won, etc. It was also averred that by reason of the agreement, plaintiff was put to much expense, to wit: $500, in training his colt, etc. Demurrer to the petition overruled. Verdict and judgment for defendant. Bill of exceptions as follows: Be it remembered that, when the above case came on for trial, the plaintiff offered to read in evidence the following paper, as the agreement upon which the suit was brought, to wit: County of Fort Bend, Texas, March 8th, 1854. Know all men by these presents that we, the undersigned, do hereby bind ourselves to contribute five bales of good middling quality of cotton, weighing five hundred pounds each, or, in lieu thereof, two hundred and fifty dollars, for the purpose of forming a purse to be run for by two-year-old colts, with the advantage of the spring, distance one mile. Said race to be run on the 15th of November, 1855, at the race track of C. Fulshear, in said county; reserving to ourselves the exclusive privilege of running for said purse, allowing each and every one of us the liberty of naming as many as four colts, with the privilege of running one colt; said colts to be named by the first day of March, 1855. And, in the event of not contending for said purse, we do agree and pledge ourselves to forfeit, to those of us who may contend for said purse, the whole amount of our individual entry.

D. Randon enters b. f. Miriam, and a sorrel filly Jethro.

M. Ware enters b. f. Louisa, raised by R. Foster.

C. Fulshear enters bay colt Thunderbolt, raised by E. Walker, and Lit Thomas, a sorrel colt, and Cruel Usage.

When defendant objected to the reading thereof, which...