Southern Methodist University v. Evans

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

Herman Evans, formerly a student of Southern Methodist University, sued the University for damages for an alleged breach of what is designated a contract to confer upon him a degree in music, or a degree of some kind. It appeared from the averments of the original petition that the cause of action, if any, was barred by the two year statute of limitation. Upon the trial court so holding an amended petition was filed in which plaintiff sued for rescission of the same alleged contract. His prayer is for recovery of…