Whitney v. City of Terrell

HALE, Justice.

This appeal is from a judgment of dismissal rendered in the court below solely upon the pleadings of the parties without the hearing of any evidence. A correct disposition of the appeal turns upon whether the facts alleged in appellant’s petition were insufficient as' a matter of law to state any cause of action against appellee. If so, the judgment appealed from should be affirmed; otherwise, it should be reversed.

Appellant,’ as plaintiff in the trial' court, brought the suit against appellee on October 2'8, :1953 for the recovery of $4,400 alleged to be due him, and for a…