Herren v. Hollingsworth

CODY, Justice.

Special exceptions having been sustained to plaintiff’s third amended original petition, and plaintiff declining further to amend, judgment was rendered dismissing his petition. The parties will be referred to as in the trial court.

Plaintiff, Hubert B. Herren, filed his original petition against defendant, L. R. Hollingsworth, in the district court of Jackson County, on November 1, 1940. As indicated, the petition which was dismissed was his third -amended original petition, wherein plaintiff alleged in substance:

That defendant had listed with him his land in Jackson County for…