Curry v. Texas Co.

The trial court having sustained six special exceptions to plaintiffs’ petition and plaintiffs having declined to amend, the suit was dismissed. From the judgment of dismissal, plaintiffs J. O. Gurry and wife have appealed. Appellants challenge the correctness of the action of the trial court in sustaining each of the special exceptions, and appellee, by cross-assignment, insists that the trial court erred in overruling still another of its special exceptions.

The pleading in question (plaintiffs’ third amended original petition, filed September 10, 1928) shows that the plaintiffs, being the…