Reliance Ins. Co. v. Smith

(after stating the case as above).

The contention that the trial court erred when he overruled the exceptions questioning the sufficiency of appellee’s petition is on the theory that, the suit being on a written contract, same must have been set out in, or the original or a copy thereof attached to, *447the petition. The contention is without merit. The legal effect of the contract was sufficiently stated in the petition, and it therefore was not error to overrule the exceptions. Towns Texas Pleading, 498; Peyton Creek Irr. Dist. v. White (Tex. Civ. App.) 230 S. W. 1060; Pate v. Garrett (Tex. Civ.…