Terrell v. Harris

(After stating the foregoing facts.) While the bill of exceptions assigns error on the exceptions pendente lite to the overruling of the demurrers to the petition, the attorney for the plaintiffs in error has referred to this assignment only by way of recital, and, in the absence of argument or insistence upoh the demurrers, the exception to the ruling thereon will be treated as abandoned.

We think the court erred in -directing the verdict. Whether the petition be construed as a suit on a special contract or as an action for money had and received, the gravamen of the complaint is that the…