Barker v. Fagg

BLAIR, Justice.

Appellant, L. W. Barker, sued appellees, E. E. Fagg, R. W. Burleson, and L. P. Powell, to recover upon an alleged oral contract of indemnity and a written bond obligation securing it, or upon the written bond obligation as established by the oral collateral contract of indemnity pleaded. The trial court sustained several special exceptions to appellant’s third amended original petition and tó his fourth amended original petition, filed under an order to replead; and rendered judgment for ap-pellees upon the ground that the sustaining of the special exceptions determined all…