Gwinn, Allen & Co. v. O'Daniel

L. H. BROWNE, Special Justice.

This was an action brought in the District Court of Tom Green County, Texas, by a partnership firm, composed of G. B. Gwinn, B. S. Allen, and F. L. Allen, against J. D. O’Daniel, William Thaison, and John H. Houghton. Pending the suit R. L. Allen' died, and his administrator, John D. Rodgers, became plaintiff in his stead. Before the trial, suit was dismissed as to John H. Houghton, and it is therefore unnecessary to notice the averments in the petition under which he was impleaded in the cause.

Plaintiffs below are appellants in this court. They alleged in their…