[DOWNLOAD] "Gill Et Al. v. Smith" by Galveston No. 12169 Court of Civil Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Gill Et Al. v. Smith
- Author : Galveston No. 12169 Court of Civil Appeals of Texas
- Release Date : January 13, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
CODY, Justice. Appellee sued appellants, Ned Gill and the Ned Gill Building Corporation, jointly and severally, in two alternative counts. In the first count, appellee alleged the conversion by appellants of a written contract, dated May 6, 1946, which purported to obligate said Building Corporation in the total sum of $27,800. In that connection, appellee alleged that he delivered said contract to appellant Ned Gill as collateral security for the payment of his certain promissory note for the principal sum of $5,000, payable to the order of Ned Gill on March 19, 1947; that, prior to the due date of said note, the said Gill had notified appellee that he need not pay the note when it matured, but could take his time; but that thereafter the said Gill surreptitiously undertook to foreclose the said contract of May 6, 1946, on April 26, 1947; that as soon as appellee learned of said purported foreclosure, he tendered payment of said note in full, which was refused. Appellee sought in his first count to recover as actual damages the value of the contract as of the date of its alleged conversion; appellee also sought to recover punitive damages in the sum of $20,000. In his second count, appellee sought to enforce the payment of the said contract of May 6, 1946.