M. T. Jones Lumber Co. v. Villegas
Court of Appeals of Texas
Error from Webb. Tried below before Hon. A. L. McLane. If one good cause of action, with prayer for appropriate relief, within the jurisdiction of the court, appears in a petition, the court should not sustain a general demurrer and dismiss the cause.
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Error from Webb. Tried below before Hon. A. L. McLane. If one good cause of action, with prayer for appropriate relief, within the jurisdiction of the court, appears in a petition, the court should not sustain a general demurrer and dismiss the cause. Buchanan v. Bilger, 64 Texas,-589. Plaintiff’s petition in the court below failed to show any privity of contract between the plaintiff therein and the defendants in error, and therefore the court did not err in sustaining the general demurrer.
1Opinion of the Court
FLY, Associate Justice.
Plaintiff in error sued Joaquin Ville-gas, Juan V. Benavides, and Rosendo Garcia for $991.66, and defendants in error answered by a general demurrer, which was sustained, and plaintiff in error refused to amend and prosecutes a writ of error to this court. The petition, after describing the parties and giving their residences, is as follows:
“That heretofore, to wit, on the 30th day of June, 1893, the said defendant Joaquin Villegas, being desirous of having certain valuable improvements made on his storehouse in the city of Laredo, Webb County, Texas, entered into a…
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