Whitaker v. Record
Cases that cite this one
5 later published cases cite this decision.
- Beck v. Nelson (Tex. App. 1929)
- Johnson v. Wise (Tex. App. 1925)
- Merriman v. Swift & Co. (Tex. App. 1918)
- Davis v. White (Tex. App. 1918)
- McWhorter v. Estes (Tex. App. 1915)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—The petition is manifestly insufficient to support a recovery. It contains no averment of any breach of contract on the part of the defendants. It is not enough that the plaintiff is the holder of a note which the defendants are liable to pay; it must appear by averment that they have violated their contract, by refusing to make payment of the note agreeably to their undertaking,' in order that the petition may show a cause of action. It is essential, to constitute the statement of a cause of action, that it appear, by averment, not only that the plaintiff has a right, but that the defendant has done or omitted some act or duty in derogation of that right.
Moreover, there is no sufficient service upon any of-the defendants.
Judgment reversed and cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.