Nesper Sign and Neon Company v. Nugent

STUART, Justice.

This is an appeal from the ruling of the trial court sustaining defendant’s motion to dismiss plaintiff’s petition. Plaintiff filed its petition on July 24, 1968 alleging Eugene H. Nugent, d/b/a Nugent’s Chuck Wagon had defaulted on a written lease and service agreement and owed plaintiff $6,405.75. The petition also contained the allegation Eugene H. Nugent was the owner and operator of a business under the name and style of Nugent’s Chuck Wagon.

The contract, exhibit A, attached to the petition was prepared by plaintiff on a form which included the printed words…