Dixon v. Texas Co.

Oxner, Justice.

The controlling question on this appeal is whether the complaint in this case states a cause of action on contract or in tort.

In due course appellant, defendant below, moved to strike certain portions of the complaint, and to require that respondent make same more definite and certain in several particulars. Appellant also asked the Court to construe the complaint as setting forth a cause of action ex contractu or, failing therein, to require respondent to elect whether he would proceed ex contractu or ex delicto. On the hearing of those motions, the Court apparently concluded…