Love v. Doak
Texas Supreme Court
Appeal from Grayson. This suit -ivas brought in the names of the appellees as copartners, trading- as merchants, for the use and benefit of Josiah L. Doak, one of the said copartners.
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Appeal from Grayson. This suit -ivas brought in the names of the appellees as copartners, trading- as merchants, for the use and benefit of Josiah L. Doak, one of the said copartners. And it is alleged that the defendant is indebted to-them in the sum of thousand four hundred and seventy-two dollars and forty-five cents, as will more fully appear by reference to the account of said Doak & Tims against the said defendant, prayed to be made a part of the petition; that the defendant promised to pay the same, but lias neglected and refused so to do. It is alleged also that the defendant has…
1Opinion of the Court
Hemphill, Ch. J.
The grounds of the demurrer to the petition are certainly plausible if not entirely sound. The pleader seems to have attempted condensation in his statement of the cause of action, and this is much to be commended ; but he has omitted an important averment and inserted others not so material. In an action on an account for goods and wares sold and delivered, the sale and delivery are the material facts on which depends the liability of the defendant, and they should he distinctly averred. The legal inferences or conclusions from these facts of the defendant’s liability and…
2Cited by11 opinions
- Stone v. PhillipsTexas Supreme Court · 1944
- Mega v. Anglo Iron & Metal Co. of HarlingenCourt of Appeals of Texas · 1980
- Gibson v. NadelCourt of Appeals for the Fifth Circuit · 1947
- Lynch v. Alex. Ortleib & Co.Texas Supreme Court · 1895
- Graham v. EnglemannDistrict Court, S.D. Texas · 1920
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