Davidson v. Rogers

JACKSON, Justice.

This is an appeal upon the original record from judgment for defendant entered after defendant’s motion for judgment on the pleadings was sustained, in an action of equitable cognizance. No evidence was introduced in the trial court, and only questions of law are involved.

The basic question sought to be presented is whether an alleged tender made by plaintiffs in a petition they filed may be enforced despite their dismissal of the petition with prejudice after defendant filed a pleading accepting the “tender.”

Plaintiffs alleged that they, with the defendant, each owned an…