Avery Co. v. Harrison Co.

J. E. Harrison and E. F. Harrison, as the surviving partners of Harrison Company, a partnership, filed this suit in the district court of San Augustine county, Tex., against the Avery Company of Texas, a . corporation, with its principal office and place of business in Dallas county. We will designate the parties as in the trial court.

We have had much difficulty in determining the nature of plaintiffs’ cause of action as pleaded. From the pleadings it would appear to be a suit for damages because of breach of warranties in a contract made between plaintiffs and the agents of defendant; while…