Tyson v. Jackson Bros.

STEPHBHS, Associate Justice.

The court erred in sustaining the third, fourth, fifth, seventh, eighth and ninth special exceptions of plaintiffs below to the defendant’s pleadings. The cause of action set up in the answer, at least insofar as it was alleged that the plaintiffs had undertaken to keep on hand and furnish extras, was not, as asserted in the third exception, against the Avery Manufacturing Company, for whom they acted in selling the machinery for which the note declared on was given, but against the plaintiffs themselves.

The commission on the sale was a sufficient consideration for…