Pelayo v. Higginbotham

An exception of no cause of action was maintained by judgment herein rendered from which plaintiff prosecutes this appeal.

The suit of the plaintiff is founded on a contract which he entered into with defendant on November 5, 1924, who was then operating a business under the name of the Cadillac-Nash Sales Company, as appears from the allegations of the petition. The party of the first part named in the contract was the Cadillac-Nash Sales Company; that of the second part was S. M. Pelayo, plaintiff.

*225The contract reads as follows:

“Should the party of the first part sell or dispose of the Nash…