Phillips v. Wick

TIRÉY, Justice.

This is an appeal from a judgment of dismissal.

Plaintiffs’ cause of action is grounded on a written contract dated October 22, 1950. Their original petition was filed on September 30, 1954. Defendant seasonably filed his original answer and set iup certain exceptions thereto and thereafter plaintiffs filed their first amended original petition on May 2% 1955 and went to trial on such pleading. In the amended pleading plaintiffs alleged that they entered into the contract with defendant on October 22, 1950 for the purchase of certain real estate in San Antonio, Texas, and that…