Legal Opinion

Armstrong v. Simms

Court of Appeals of Texas

Decided November 30, 1910PublishedCited by 4 opinions

Appeal from District Court, Harris County; Norman G. Kittrell, Judge. Action by W. E. Armstrong against E. F. Simms and another. From a judgment of dismissal, rendered on sustaining a general demurrer to the petition, plaintiff appeals.

1Opinion of the CourtFly, J.

This is a suit to set aside a contract of compromise and settlement of partnership. differences made by appellant and appellee Simms, whereby the former sold to the latter his interest in a certain lease of oil lands for the sum of $8,000, which com* promise was alleged to have been procured by fraud and deception on the part of ap-pellees. The court sustained a general demurrer to the petition and dismissed the action.

The pleadings of appellant are unnecessarily voluminous, and,we shall content ourselves with giving merely a résumé of the same. It is alleged that appellant and ap-pellee…

2Cases cited3 opinions

  1. Borden v. HoustonTexas Supreme Court · 1847
  2. Satterthwaite v. Loomis & McLachlenTexas Supreme Court · 1891
  3. Prude and Rice v. CampbellTexas Supreme Court · 1892

3Cited by4 opinions

  1. Peckham v. JohnsonCourt of Appeals of Texas · 1936
  2. Rodgers v. TracyCourt of Appeals of Texas · 1951
  3. Perpetual Royalty Syndicate v. AlbrittonCourt of Appeals of Texas · 1941
  4. Perpetual Royalty Syndicate v. AlbrittonCourt of Appeals of Texas · 1941

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