Le Geirse & Co. v. Mathews & Wright

Court of Appeals of Texas

Le Geirse & Co. v. Mathews & Wright

1 White & W. 428

CourtCourt of Appeals of Texas

DecidedFebruary 19, 1881

DocketNo. 1069, Op. Book No. 2, p. 347

StatusPublished

This text of 1 White & W. 428 (Le Geirse & Co. v. Mathews & Wright) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Le Geirse & Co. v. Mathews & Wright, 1 White & W. 428 (Tex. Ct. App. 1881).

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Opinion

Opinion by

White, P. J.

§ 779. Damages; liquidated and unliquidated; counterclaim. Liquidated damages are damages ascertained and agreed upon. [Sedgwick on Dam. 427.] Damages whose amount has been determined by anticipatory agreement between the parties. [2 Bouvier’s Law Die. “ Liquidated Damages.”] A claim for unliquidated damages, not arising out of, incident to or connected with the plaintiff’s cause of action, cannot be pleaded as a counterclaim. [R. S. 649, 650; Carothers v. Thorp, 21 Tex. 358.]

Affirmed.

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Opinion by

White, P. J.

§ 779. Damages; liquidated and unliquidated; counterclaim. Liquidated damages are damages ascertained and agreed upon. [Sedgwick on Dam. 427.] Damages whose amount has been determined by anticipatory agreement between the parties. [2 Bouvier’s Law Die. “ Liquidated Damages.”] A claim for unliquidated damages, not arising out of, incident to or connected with the plaintiff’s cause of action, cannot be pleaded as a counterclaim. [R. S. 649, 650; Carothers v. Thorp, 21 Tex. 358.]

Affirmed.

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1 White & W. 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/le-geirse-co-v-mathews-wright-texapp-1881.

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