Benny v. Bell

DIXON, Chief Justice.

This is a suit filed by appellant against appellee, his former business partner, seeking judgment for $2,000, the amount alleged to be due under the terms of their dissolution agreement. The trial court held that the action was prematurely brought, and dismissed the suit without prejudice to appellant’s right to refile if and when a cause of action should arise under the contract.

Since June 1, 1948, the parties had been the owners of a business in Dallas, Texas, known as Bell’s Chicken House. Each had made a cash capital investment of $3,250 to the enterprise. From the…