East & West Texas Lumber Co. v. Barnwell

HENRY, Associate Justice.

—The appellee brought this suit for money due him by open account, and caused a writ of attachment to be levied upon personal property belonging to the defendant, the East and West Texas Lumber Company.

The petition charged that the claim of plaintiff was for “goods, wares, and merchandise” sold and delivered to the defendant. The bill of particulars attached to the petition failed to specify the character or description of the merchandise) and designated each item only as “mdse,” with the date and value of the purchase.

The defendant specially excepted to the petition…