Burnett v. Munger

KEY, Associate Justice.

Appellee sued appellant for damages for the alleged breach of a written contract. Appellant among othér matters set up a claim against appellee in reconvention.

We sustain the first and eighth assignments of error. The court should have sustained the special exception addressed to that portion of the plaintiff’s petition alleging the value of the contract sued on; such alleged value not being the correct measure of the plaintiff’s damages. However, this error was controlled by the charge to the jury, and does not require a reversal of the judgment; but the testimony…