Ferguson v. Ferguson

LESLIE, Chief Justice.

Joe Lee Ferguson instituted this suit against A. M. Ferguson to recover $25,000, alleged to be liquidated damages due him as result of the latter’s refusal to abide by the .terms of an arbitration award to which they were parties. The trial court sustained a general demurrer to plaintiff’s petition, and he appeals.

Appellant asserts the legal sufficiency of the petition and the appellee attacks it by four counter propositions.

Appellee’s first two propositions are to the effect that the allegations of the appellant’s petition disclose that he elected a remedy by which he…