Bain Peanut Co. Texas v. Pinson Guyger

This is the third appeal'of this case. The first was from a judgment on a plea of privilege, the second and third from trials on the merits. The last trial which was before the court and jury resulted in a judgment on special issues in favor of the plaintiff, and the defendant, Bain Peanut Company, appeals.

The appellees, as partners, brought this suit against the appellant for damages arising from a breach of an alleged contract which was specifically alleged in paragraph 1 of their petition, as follows:

“That * * * on or about the first day of November, 1923, the defendant, Bain Peanut…