Thompson v. San Antonio & Aransas Pass Railway Co.

JAMES, Chief Justice.

The District Court sustained certain special exceptions to the petition in this case. There appears to be no contention on this appeal that it did not state a cause of action apart from the effect claimed for the act of 1891 creating the Railroad Commission.

The substance of the petition is, that in the early part of 1893 plaintiff purposed planting a crop of watermelons for market, when he and the railway company, the latter knowing his purpose, entered into a contract by which the latter agreed, upon the maturing of the crop in the summer of that year, to furnish cars…