(DOWNLOAD) "C.T. Lambert v. Dealers Electrical Supply" by Fifth District, Dallas Court of Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: C.T. Lambert v. Dealers Electrical Supply
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 18, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Appellee Dealers Electrical Supply now asserts that we erred in our original opinion because we ignored Tex.R.Civ.P. 93(o) and failed to apply that rule. We cannot agree with this contention because Dealers Electrical failed to allege that Lambert was doing business as CTL Construction Company. Thus, Lambert was not required to answer in accordance with Rule 93(o). In this respect, Dealers assumes that it had pleaded that Lambert was doing business as CTL Construction Company; however, as noted in our original opinion, no such allegation was pleaded. The only reference in Dealers petition with respect to whether Lambert was doing business as CTL Construction Company was in the style of the case and in the preamble to the allegation, an anachronism which stated: "Now comes Dealers Electric Supply complaining of C. T. Lambert d/b/a CTL Construction Company and would show the following:." Thereafter, in the numbered allegations of its petition, Dealers pleaded that two defendants had ordered and received the goods for which suit was brought but never alleged that Lambert was doing business as CTL Construction Company. Thus, whether plaintiff pleaded that Lambert was doing business as CTL Construction Company depends upon whether the arcane preamble is part of the allegations that plaintiff intended to prove. We hold that it is not a part of the original allegation.
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