Waller v. Liles

Decision Date30 October 1902
Citation70 S.W. 17
PartiesWALLER v. LILES.
CourtTexas Supreme Court

R. E. Taylor and Chesnutt & Denny, for appellant. Allen & Wantland, for appellee.

GAINES, C. J.

This case comes to us upon a certified question from the court of civil appeals for the Second supreme judicial district. Omitting so much of the statement as is intended to show a conflict of decision, and therefore the propriety of certifying the question, it is as follows: "The firm of Liles Bros. & Waller, composed of R. B. Liles, H. A. Liles, and C. A. Waller, transferred to R. B. Liles the assets of the firm, including accounts due the firm from appellant and others. These accounts were shown on a trial balance sheet, and were thus referred to in the bill of sale transferring them. The suit was brought in the justice court by appellee against appellant on two items on the personal account of appellant, aggregating $162.60. One of the items, however, was shown by the trial balance sheet to be due from the American Express Company, and amounted to $45, for which appellant had become personally bound by reason of his having collected it from the express company and appropriated it to his own use. The answer of appellant tendered the issue of mutual mistake, to the effect that by oversight the bill of sale did not exclude the account sued on. On appeal to the county court special issues were submitted to the jury, which were thus disposed of: It was found, first, that at the time appellant signed the bill of sale from Liles Bros. & Waller to appellee he did not intend to convey to appellee his personal account to said firm and the account against the American Express Company; second, that he did not at the time inform appellee of this intention; third, that at the time he signed the bill of sale he knew that the trial balance referred to herein contained his personal account and the account against the American Express Company; fourth, that there `was a mutual mistake of the parties when executing the bill of sale in not excluding the personal accounts of the members of the firm of Liles Bros. & Waller when referring to the accounts on the trial balance.' The county court, notwithstanding this verdict, rendered judgment for the full amount sued for against appellant, and from that judgment this appeal was prosecuted. At a former day of the term this...

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    • United States
    • Texas Court of Appeals
    • April 25, 1925
    ...than to enter a judgment in accordance therewith. Ablowich v. Greenville Nat. Bank, 95 Tex. 429, 67 S. W. 79, 881; Waller v. Lilse, 96 Tex. 21, 70 S. W. 17. But we are of the opinion that the assignment copied above, when considered in the light of the prior motion to set aside the verdict,......
  • West Side Oil Co. v. McDorman
    • United States
    • Texas Court of Appeals
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    ...cannot in such way change the actual findings of the jury, but must accept the findings as made. Article 1990, R. C. S.; Waller v. Liles, 96 Tex. 21, 70 S. W. 17; Continental Casualty Co. v. Chase (Tex. Civ. App.) 203 S. W. Under the twentieth proposition it is urged if appellees were entit......
  • Niebuhr v. Behringer
    • United States
    • Texas Court of Appeals
    • December 1, 1938
    ...nothing, and for these reasons there is an irreconcilable conflict in the findings of the jury on indispensable fact issues. Waller v. Liles, 96 Tex. 21, 70 S.W. 17; Taylor v. Flynt, 33 Tex.Civ.App. 664, 77 S.W. 964; Pecos & N. T. Ry. Co. v. Railroad Commission of Texas, Tex.Civ.App., 193 S......
  • First Nat. Bank v. Chapman
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    • June 30, 1923
    ...render judgment for either party. Respondent replied upon adjudication of our courts of last resort in the following cases: Waller v. Liles, 96 Tex. 21, 70 S. W. 17; Kahn v. Cole (Tex. Civ. App.) 227 S. W. 556; Puckett v. Davis (Tex. Civ. App.) 238 S. W. 367; Mayo v. Railway Co. (Tex. Civ. ......
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