[DOWNLOAD] "Angel Reyes v. Mrs. Floyd Smith" by Austin No. 10371 Court of Civil Appeals of Texas # eBook PDF Kindle ePub Free

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Title: Angel Reyes v. Mrs. Floyd Smith
Author : Austin No. 10371 Court of Civil Appeals of Texas
Release Date : January 11, 1956
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

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On Appellant's Second Motion for Rehearing Appellant cites our opinion in State v. Arkansas Fuel Oil Co., Tex.Civ.App., 268
S.W.2d 311, reversed Tex., 280 S.W.2d 723, as holding that a special exception addressed to the failure of a petition to allege
that a contract made the basis of a suit was oral or in writing is not well taken even where the contract, if oral, is invalid
under the statute of frauds. In that case the contract declared upon was not required to be in writing. There, too, all the
facts pertaining to the contract were alleged in the petition and whether the contract was oral or written could be determined
therefrom. In Goen v. Hamilton, Tex.Civ.App., 159 S.W.2d 231, 232, Amarillo, the Court held that the trial court erred in sustaining
what "in our judgment, amounted to a general demurrer." This was a suit for real estate commissions and controlled by Sec.
22 of Art. 6573a, Vernon's Ann.Civ.St. Part of the exception was directed to the failure of the petition to allege that the
agreement was in writing. The Court, citing several early Texas cases, held that a pleading declaring upon a contract within
the statute of frauds is not subject to an exception because of the failure to allege that the agreement was in writing.