Wilburn v. Missouri-Kansas-Texas R. Co. of Texas

On Rehearing

On further consideration- of the record we have concluded that lack of jurisdiction of appellant’s alleged cause of action appears on face of his pleading as supplemented; with result that appellee’s motion for rehearing must be sustained, the prior order of reversal set aside, thereby affirming the judgment under review.. The following general statement of principles has bearing on the entire controversy, as we now view it: (1) Where the parties to a contract agree on the remedy accruing on a breach thereof, the remedy agreed upon is exclusive. Buffalo Pitts Co. v. Alderdice,…