88 S.W.2d 1071 | Tex. App. | 1935
This suit was instituted by W. A. Holt Company, Inc., hereinafter called plaintiff, against Spur Independent School District, incorporated as such under the laws of this state, hereinafter called defendant, and against Spur High School Athletic Association, alleged to be a subsidiary of said district, hereinafter called association. Plaintiff alleged that L. E. Lee was chairman of the board of trustees of said school district and a member of said association, and a person on whom citation to both said district and said association might be served. An interlocutory judgment by default was rendered against the association. It was not represented on the trial.
Plaintiff sued on an account for supplies and equipment which it alleged it had furnished for use, and which it alleged had been used, by the instructors, coaches, and pupils of the Spur High School in the physical training of said pupils, especially in football. The first item of said account was dated February 12, 1931, and read: "Account stated and agreed due, $419.82." This item was followed by a few others, both of debit and credit, the last of which items was a debit dated February 20, 1932. The balance shown was $289.14. Defendant denied liability on every phase of plaintiff's allegations and made affirmative allegations sufficient to constitute a predicate for testimony introduced by it on the trial.
The case came on for trial before a jury. Both plaintiff and defendant introduced *1072 evidence, material portions of which will be hereinafter recited. The court submitted special issues, but instructed the jury in event the first issue was answered in the affirmative, not to consider nor answer the subsequent issues. Said first issue was as follows: "Do you find from a preponderance of the evidence that the defendant, Spur Independent School District, acting by and through its board of trustees, purchased the goods in question from the W. A. Holt Company?" The jury answered the same "Yes" and did not answer any of the other issues. The court thereupon rendered final judgment against defendant Spur Independent School District and Spur High School Athletic Association, jointly and severally, for $289.14, the sum sued for, with interest from that date and for costs. There is no complaint of the manner in which the case was submitted. Neither party requested the submission of any issue or issues.
The finding of the jury above recited is that defendant, acting through its board of trustees, purchased the goods in question from plaintiff. "Purchase" has been defined as the transmission of property from one person to another by voluntary act and agreement, founded on a valuable consideration. Cobb v. Webb,