NORVELL, Justice.
This is an appeal from an order of dismissal following the sustaining of a special exception and a refusal to amend. The parties will be designated as in the trial court.
Two questions are presented:
First, Is the petition defective in the particular pointed out in the special exception? Or, stated another way as applicable to the facts of this case, does the petition fail to state the basis of a claim against defendant because of...
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