128 S.W. 944 | Tex. App. | 1910
This action was brought by appellant against C. E. Oakes and E. Eberstadt, alleging that on December 8, 1908, the plaintiff made and entered into a verbal contract whereby the defendant C. E. Oakes agreed to sell and convey to plaintiff certain lots in the town of Amarillo for thirty-one thousand five hundred dollars; that the defendant A. Eberstadt maliciously induced the defendant Oakes to breach said contract with plaintiff and convey said property to him, the said Eberstadt. The plaintiff alleged the market value of said lands to be the sum of forty thousand dollars, and that he was thereby damaged in the sum of eight thousand, five hundred dollars, for which he sought judgment. The plaintiff took a nonsuit as to the defendant Oakes and the trial court sustained a general demurrer of the defendant Eberstadt, from which ruling the plaintiff has appealed.
The line of cases in this State headed by Raymond v. Yarrington,
We think the court ruled right in sustaining the general demurrer to appellant's petition, and therefore affirm the judgment.
Affirmed.