Darnell v. Southwestern American Ins. Co.

YOUNG, Justice.

This appeal is from an order sustaining special exceptions to claimant’s original petition declaring upon a contract of insurance, partly oral and partly in writing; the court having dismissed plaintiff’s cause upon his refusal to amend. Allegations of said petition are sufficiently detailed in Tex.Civ.App., 226 S.W.2d 239, on hearing of defendant Company’s venue plea, to which reference is made in interest of brevity.

Petitioner there set forth with particularity the understanding had between himself and defendant’s “General Agent,” B. K. Gillis, concerning a general and…