Dowell v. Long

(after stating the facts as above). We need not determine whether it appeared from the allegations in appellee’s pleadings, as the trial court found it did, that appellant had committed actionable fraud in Delta county (Oakes v. Thompson, 58 Tex. Civ. App. 364, 125 S. W. 320), for appellee’s suit was not for fraud committed by appellant. It was, instead, a suit on a contract by the terms of which, he alleged, appellant was indebted to him in the sum of $340. That being the character of the suit, if the contract was not in writing, and it was not pretended that it was, it could not, over…