Steiner v. Oliver
| Decision Date | 04 December 1907 |
| Citation | 107 S.W. 359 |
| Parties | STEINER v. OLIVER. |
| Court | Texas Court of Appeals |
Appeal from McLennan County Court; J. W. Baker, Judge.
Action by Ralph Steiner against Joe Oliver. From a judgment for defendant, plaintiff appeals. Affirmed.
Sleeper & Kendall, for appellant. S. E. Stratton, for appellee.
The only question raised in this case is whether the appellee had the right to have the trial court consider his plea in reconvention for damages against the appellant. Appellant's demand is predicated upon a note and for foreclosure of lien upon personal property. Appellee's claim is one for unliquidated damages, based upon acts of negligence by the appellant in causing appellee's crop to be overflowed growing on premises rented from the appellant. The appellant's contention is that, his demand being certain, appellee's claim for unliquidated damages could not be asserted in this case, either as a counterclaim or in offset to the appellant's demand, who was plaintiff below. We are not going to discuss the facts pleaded or in evidence upon this subject; but they have been examined, and we have reached the conclusion that there is such an association and connection between the two claims as would justify the trial court to settle both controversies in the same action.
We find no error in the record, and the judgment is affirmed.
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West Texas Utilities Co. v. Nunnally
...no error in overruling the plaintiff's special exception. Streeper v. Thompson et al. (Tex. Civ. App.) 23 S. W. 326; Steiner v. Oliver (Tex. Civ. App.) 107 S. W. 359; Blocksom v. Guaranty State Bank & Trust Co. (Tex. Com. App.) 251 S. W. 1025; Id. (Tex. Civ. App.) 241 S. W. 319; Northwester......
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Bateman v. Hipp
...6 Tex. 405; Sterrett v. City of Houston, 14 Tex. 153; G., C. & S. F. Ry. v. Butler (Tex. Civ. App.) 34 S. W. 756; Steiner v. Oliver (Tex. Civ. App.) 107 S. W. 359. Had plaintiff elected to sue defendant for the purchase money and foreclosed his equitable lien, instead of suing for the speci......
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Duran v. Lucas
...by appellee amounting to a breach of his duties to appellant, which duties exist by virtue of the same contract. The case of Steiner v. Oliver, 107 S. W. 359, appears to have been a similar case. In that case the suit was upon a note and for foreclosure of a lien on personal property, and t......