Valdez v. O'Connor

This action was originally brought by O’Connor Bros., a partnership, against H. P. Valdez, Sr., in the form of a suit upon open account. It developed,- however, through supplemental petitions of the plaintiffs and the answers of the defendant, as well as from the evidence upon the trial, that the cause of action was founded wholly upon an oral building contract, and not upon open account as contemplated in the procedure statutes. Por, while in their original petition the plaintiffs alleged that at the special instance and reguest of the defendant they sold and delivered to the latter the…