Texas Supreme Court

Paul L. Meaders, Jr., Independent Executor of the Estate of Paul L. Meaders, Sr., Deceased v. Ernest J. Biskamp

July 9, 1958159 Tex. 79

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the escrow check from Mrs. O'Connor was not payment of the purchase price because no agreement existed for its acceptance, and therefore the plaintiff was entitled only to the $2,500 balance. The Court also held that attorney's fees were not recoverable under Article 2226 because the claim was not a sworn account.