PHILLIPS v. WICK

No. 3345.

288 S.W.2d 899 (1956)

Lloyd C. PHILLIPS et ux., Appellants, v. Frank W. WICK, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 12, 1956.


Attorney(s) appearing for the Case

Ronald Smallwood, San Antonio, for appellants.

Wm. W. Beuhler, San Antonio, for appellee.


TIREY, Justice.

This is an appeal from a judgment of dismissal.

Plaintiffs' cause of action is grounded on a written contract dated October 22, 1950. Their original petition was filed on September 30, 1954. Defendant seasonably filed his original answer and set up certain exceptions thereto and thereafter plaintiffs filed their first amended original petition on May 28, 1955 and went to trial on such pleading. In the amended pleading plaintiffs alleged that...

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