Nichols v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Robb, J.:

This is an appeal from an order of the trial court sustaining a demurrer to the amended petition of appellants.

For convenience we will refer to appellant Clayton Nichols as Nichols, appellant Sherman Lyles as Lyles, and to the appellee as Santa Fe.

The amended petition is quite lengthy but the pertinent allegations thereof, briefly summarized, are:

Nichols and Lyles were co-partners in a sheep business in Ottawa county and Santa Fe is a Kansas railway corporation; Nichols and Lyles purchased 2811 sheep near Menard, Texas, in May, 1951; the fair…