Baines v. Mensing Bros. & Co.

COLLARD, Judge.

We have carefully examined the petition in this case and fail to find any averment of fraud on the part of appellees that would justify an action for damages. The petition first shows that Men-sing Bros. & Co., of Galveston, entered into an agreement with plaintiff, the appellant, to supply him with money to buy cotton at Timpson, in Shelby County, to pay off all his debts, and to enable him to carry on his mercantile business at that place during the season commencing on the first of October, 1886, and ending the last of April, 1887; that at the time the agreement was entered…