204 S.W. 240 | Tex. App. | 1918
Lead Opinion
(after stating the facts as above).
It is not deemed necessary to pass upon the other assignments of error.
Judgment reversed, and the cause remanded.
«SssFor other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
Lead Opinion
It is concluded that the trial court erred in sustaining the demurrer to the appellant's defense of alleged failure to comply with the stipulation providing for notice of claim for damages. The statute does not make invalid and void a stipulation in a contract requiring notice, as of the kind here, of claim for damages, if such stipulation is reasonable. Article 5714, Vernon's Sayles' Stat. The case of *241
Taber v. Western Union Telegraph Co.,
The appellant also predicated error upon the refusal of the court to submit the charge asking a verdict for the defendant upon the finding that the stipulation was, under the circumstances of the case, a reasonable one. There is evidence that the provision is reasonable, and it is undisputed that no claim in writing was ever presented by appellee, and the suit was not filed until March 22, 1917. There is no pleading of nor any evidence even tending to show a waiver of the stipulation. There is error showing injury and requiring a reversal of the judgment.
It is not deemed necessary to pass upon the other assignments of error.
Judgment reversed, and the cause remanded.
Motion overruled.
Rehearing
On Rehearing.
Motion overruled.