Naylor-Collins Co. v. Leaverton

The following statement of the nature and result of suit is taken in the main from ap-pellee’s brief:

• On April 11,1929, Naylor-Collins Company, alleging itself to be a Texas' corporation of Wichita Falls, Tex., filed in the district court of Lubbock county, Tex., its original petition against the appellee, basing its suit on only an open account with an alleged balance of $1,967.41. No mention is made in this petition of any contract and the statement of the alleged account is attached to the original petition.

On June 25, 1929, the City National Bank of Wichita Falls, Tex., as intervener,…