Garrett v. Long

Texas Supreme Court

Garrett v. Long

32 Tex. 473

DecidedJuly 1, 1870

StatusPublished

This text of 32 Tex. 473 (Garrett v. Long) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garrett v. Long, 32 Tex. 473 (Tex. 1870).

Pincite

Opinion

Morrill, C. J.

This suit was for payment for personal services, and the defense was payment. The only point in the case for revision is the charge of the judge, requested and refused.

The requested charge simply yvas, that if the party defendant had complied with his contract he was not liable thereon.

We must presume the charge was refused because it had been given generally, but as the charge given is not contained in the record, it is merely a presumption.

Certainly the charge ought to have been given, and as it was refused, and no reason appears for the refusal the “judgment is reversed.

Reversed.

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Morrill, C. J.

This suit was for payment for personal services, and the defense was payment. The only point in the case for revision is the charge of the judge, requested and refused.

The requested charge simply yvas, that if the party defendant had complied with his contract he was not liable thereon.

We must presume the charge was refused because it had been given generally, but as the charge given is not contained in the record, it is merely a presumption.

Certainly the charge ought to have been given, and as it was refused, and no reason appears for the refusal the “judgment is reversed.

Reversed.

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Bluebook (online)

32 Tex. 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-long-tex-1870.