Ship Ahoy, Inc. v. Whalen

COLEMAN, Justice.

Gene Whalen, d/b/a Gene Whalen & Company, sued Ship Ahoy, a Texas corporation, and others, for debt. The case was tried to the court without a jury and resulted in a judgment for plaintiff against Ship Ahoy only.

Prior to this trial defendants had urged special exceptions which were sustained and the court entered an order as follows:

“It is accordingly ordered, adjudged and decreed that the Defendants’ exceptions numbered in Roman Numerals I, II, III, IV, V, VI, VII be, and they are hereby in all things sustained, and Plaintiff’s Original and First Amended Petition be and the…