Menzies v. Blum

HUGHES, Justice.

This suit involves the liability of a husband for damages for breach of an execu-tory contract to sell the family homestead.

Appellee, O. W. Blum, excepted to the petition of appellants George C. Menzies and wife, Estelle S. Menzies, on the ground that since it was therein admitted that the property, the subject matter of the contract, was the homestead of appellee and his wife, no cause of action was alleged. This exception was sustained and appellants declining to amend, their suit was dismissed.

Appellants’ petition contained these aver-ments :

“Although the defendant and his…