Jackson v. E. L. Rice & Co.

Appellee sold appellant certain articles of jewelry. This suit was brought to recover the purchase price, and recovery was had as prayed for. The case was submitted upon special issues. ,

A proposition asserts error on the part of the court in sustaining a general demurrer and special exceptions to that part of defendant’s defense in which he set up a breach of warranty and failure of consideration.

Rulings upon demurrers must be shown by judgment entry and not by bill of exception, as is here attempted to be done. District court rule 53; Daniel v. Daniel (Tex. Civ. App.) 128 S. W. 469; Withers…