Lee v. Boutwell

Citations

• 44 Tex. 151

Syllabus

<p>1. Practice.—In a suit for breach of a verbal contract, if the plaintiff pray for general relief, he may recover whatever the facts alleged and proved will entitle him to, although he may have also prayed for a special relief, for which the facts of his petition, as alleged, do not constitute an appropriate predicate.</p> <p>2. Limitation.—The plea of limitation cannot be interposed to an amended petition, in a suit for damages for breach of contract, on the ground that the amendment sets up a new and different cause of action, barred after the filing of the original petition, if the facts alleged as the basis of recovery are substantially the same in the original and amended petitions, though the form of the breach be different.</p>