Texas Supreme Court February 13, 1882, Case No. 221 (Parks v. Dial)

Watts, J. Com. App.

This action was for the value of timber taken from the land of the plaintiff, upon an express promise to pay for the same. The set-off asserted by the defendant is a claim assigned to him by another against the plaintiff for unliquidated damages accruing to the assignor by reason of a trespass in cutting and removing timber from his land.