254 S.W. 1027 | Tex. App. | 1923
This suit was instituted by appellees against appellants upon an account for a shipment of school desks, amounting to the sum of $1,337.50. Appellants answered, admitting the justness of appellees' account as pleaded, but by cross-action sought to defeat the same upon two grounds: First, they alleged that they had a contract with appellees, by the terms of which appellees were to furnish them all the school desks needed by them for their trade during the season of 1920; second, alternatively, they pleaded that, if mistaken in their first count, then appellees accepted certain specific orders from them for school desks at an agreed price, agreeing to make delivery thereof at designated times, but wholly failed to do so, to appellant's great damage. The trial was to a jury, and on conclusion of the evidence a verdict was instructed in favor of appellees on their account, and against appellants on their cross-action. *1028
The judgment of the trial court is reversed and remanded, with instructions to render judgment in favor of appellees for the amount of their account, deducting therefrom such damages, if any, suffered by appellants under the second count in their cross-action.