Martin v. Hunter

NORVELL, Justice.

This is an appeal 'from an order of dismissal following the sustaining of a special exception and a refusal to amend. The parties will be designated as in the trial court.

Two questions are presented:

First, Is the petition defective in the particular pointed out in the special exception ? Or, stated another way as applicable to the facts of this case, does the petition fail to state the basis oif a claim against defendant because of the alleged defect specifically pointed out in the exception?.Second, Do the affirmative allegations of the petition preclude a recovery by…