Embry v. Lewis

This is a suit for damages arising out of a sale of appellee’s home to appellant, and failure of the latter to deliver to the former four $100 par value shares of the capital stock of the First State Bank of Abilene. The petition upon which appellee, plaintiff below, went to trial set up two counts — one ex delicto, based upon allegations of fraud; and the other ex con-tractu. As to the former, limitation under the two years’ statute was pleaded, and "we will assume was established as a matter of law. We will therefore consider the case only as one for breach of contract. The judgment was for…