Schuster v. L. B. Frendenthal & Co.

Gaines, Associate Justice.

The main assignment of error in this-case is upon the sufficiency of the petition to support the judgment. The suit was brought by appellants against appellee, and a general demurrer to the petition was interposed in the court below but was not ruled upon by the court. Consequently it is presumed to have been waived. The inquiry then is as to the sufficiency of the petition, the question being raised for the first time in this court. The petition alleges in substance that during the early part of the year 1885, L. B. Frendenthal, J. Frendenthal, and defendant…