Legal Opinion

Harris v. Mann

Court of Appeals of Texas

Decided December 4, 1918No. 1428PublishedCited by 2 opinions

Appeal from District Court, Yoakum County; W. R. Spencer, Judge. Action by M. B. Harris against W. R. Mann and others. From a judgment sustaining a general exception to the petition, plaintiff appeals.

1Opinion of the CourtHuff, C. J.

[1] This is an appeal from a judgment sustaining a general exception to plaintiff’s original petition. As we interpret the petition, the cause of action is based upon fraud and deceit, inducing the plaintiff to enter into a contract. While the allegations are indefinite and somewhat involved, and it is rather hard to determine just what is intended, yet, in the face of a general exception, every reasonable intendment will be indulged in favor of the allegations.

[2] It is alleged that the defendants agreed to sell 417 acres of land, and also to sell to plaintiff a preference lease right at an…

2Cases cited4 opinions

  1. Matheson v. C-B Live Stock Co.Court of Appeals of Texas · 1915
  2. White v. PetersCourt of Appeals of Texas · 1916
  3. Weeks v. StevensCourt of Appeals of Texas · 1913
  4. General Bonding & Casualty Ins. Co. v. MountCourt of Appeals of Texas · 1916

3Cited by2 opinions

  1. Allison v. YarboroughCourt of Appeals of Texas · 1950
  2. Landfried v. MilamCourt of Appeals of Texas · 1919

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