W. F. Stewart & Co. v. Gordon

Citations

• 65 Tex. 344
• 1886 Tex. LEXIS 664

Syllabus

<p>1. Probata et allegata—Contracts—-Judgments—Proof of a contract made with G. by S. & Co. will not authorize a judgment in favor of G. in a suit by him on a contract alleged to have been made with himself by S. & Co. and B.</p> <p>2. Misjoinder of actions—Contracts—Tort—The general rule is, that a cause of action ex delicto and a cause of action ex contractu cannot be joined in the same suit (Stephens on Pleading, 267; Chitty on Pleading, 199; Pomeroy’s Remedial Rights, 466, 479, 483); and if, under the liberal course of procedure adopted in this state, such causes of action can be joined at all, they must be such as the plaintiff in the suit could enforce against all of the defendants.</p>