Brinkley v. Harkins

Citations

• 48 Tex. 225

Syllabus

<p>1. Pleading.—B brought suit against the heirs of D to recover land which he alleged D had purchased with money placed in his hands for that purpose, by B; the title was taken in D’s name, though the petition alleged that D had promised to convey the land to B, and . had died before doing so. To this a general denial was pleaded. The evidence showed that the purchase was made by D, with funds accruing from a partnership enterprise between B and D, and no settlement was shown, nor was the value of the land shown on the trial: Held, Since the evidence developed a case entirely different from that made in the pleading, judgment should have been rendered for the defendant.</p> <p>2. Special judge.—When a cause is tried before a special judge, the record should show how he became a special judge.</p> <p>3. Partnership.—See case for facts constituting a partnership.</p>