Whitaker v. Record
This text of 25 Tex. 382 (Whitaker v. Record) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
—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.
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25 Tex. 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitaker-v-record-tex-1860.