Court of Appeals of Texas November 23, 1928, No. 504. [fn*] (Smith v. Hill)

LESLIE, J.

In this case the appellee, R. G. Hill, plaintiff below, sued appellants, George Smith and J. S. Smith, defendants below, for the sum of $1,551.81. He alleged that by mistake he paid appellants twice for the same 35 bales of cotton, issuing to them two checks each in the said amount’, one dated November 9, and the other November 11, 1926.