Wooters v. International & G. N. R. R. Co.
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. W. D. Wood. Appellee brought suit in the district court of Houston county August 24, 1875, against appellant for $1,000, on an alleged voluntary subscription agreement of appellant to pay the H. & G-. N. B. B. Co. (afterwards consolidated with thelnt.
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Appeal from Houston. Tried below before the Hon. W. D. Wood. Appellee brought suit in the district court of Houston county August 24, 1875, against appellant for $1,000, on an alleged voluntary subscription agreement of appellant to pay the H. & G-. N. B. B. Co. (afterwards consolidated with thelnt. B. B. Co.) that amount of money, on condition that the company would run its road through Houston county and erect a depot as near the court house at Crocket as practicable, and within one mile. Appellant pleaded a general denial, and also specially set up failure of consideration, etc. The court…
1Opinion of the Court
Moore, Chief Justice.
If the petition was defective, as appellant insists, for want of a proper averment of a consideration for his subscription upon which the action is founded, objection should have been taken to it by demurrer or exception. It is too late to attempt to do so after verdict by motion in arrest of judgment. Trammell v. Trammell, 20 Tex., 416.
The law does not require the contract or agreement, upon which an action is brought, to be set, oug in the petition in every minutia to authorize its introduction as evidence. The petition is sufficient if it sets forth the contract…
2Cases cited1 opinion
- Jackson v. StockbridgeTexas Supreme Court · 1867
3Cited by44 opinions
- Wortman v. YoungCourt of Appeals of Texas · 1920
- Travelers Insurance Company v. BrownTexas Supreme Court · 1966
- Goodrich v. Pandem Oil Corp.Texas Commission of Appeals · 1932
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Galaznik v. Galaznik, Texas Court of Appeals, 4th District (San Antonio)1984
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