Whitaker v. Record

Citations

• 25 Tex. 382

Syllabus

<p>Where a petition does not contain an averment of a breach of contract upon the part of defendant, it is manifestly insufficient to support a recovery.</p> <p>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.</p> <p>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.</p>