SHAEF CHEMICAL CO., INC. v. Cook

Felton, Chief Judge.

The plaintiff alleged in the petition a contract with the defendant, under which the defendant agreed to provide termite control and inspection, and a breach of that contract by the defendant’s refusal to control the termite damage within the contract period. These allegations, if proved, would suffice to establish the defendant’s liability under the contract.

The plaintiff in error attempts in its brief to raise, for the first time, the matter of the lower court’s jurisdiction over him. The petition designates the plaintiff in error company by name in only two places, to…