# Parkview General Hospital, Inc. v. Ashmore

> Court of Appeals of Texas · December 30, 1970 · 462 S.W.2d 360

URL: https://www.frixlaw.com/law-library/cases/9673615

## Case

- **Full name:** PARKVIEW GENERAL HOSPITAL, INC., Et Al., Appellants, v. A. J. ASHMORE, Et Al., Appellees
- **Court:** Court of Appeals of Texas
- **Decided:** December 30, 1970
- **Citations:** 462 S.W.2d 360; 1970 Tex. App. LEXIS 1908
- **Precedential status:** Published
- **Opinion:** Dissent by Nye
- **Judges:** Green, Nye
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9673615

## Opinion text

NYE, Justice
(dissenting).
I respectfully dissent.
The suit was based on a second lien promissory note. The appellees plead, among other things, certain offsets and credits due on the principal amount of this note. Among the various offsets allowed by the trial court, was one in the amount of $16,492.16.
Appellants attack this offset on appeal in a number of points of error. I would sustain these points and reverse and render judgment as to this amount.
A letter agreement modified the contract between the parties. It specified that all invoices on accounts payable, received within five days after the closing date set in the contract, were to be assumed by appellees. This was in addition to a specified amount agreed to be assumed and set out specifically in the contract. The only witness who testified as to this offset, admittedly failed to take into account the invoices received during this period of time. The proof therefor, as to the correctness of this offset, was insufficient as a matter of law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9673615. Public record. Not legal advice.