Artex Refining Co. v. Pollard & Lawrence

HALL, Justice. This was a suit brought by the law firm of Pollard & Lawrence, alleged to be a co-partnership composed of Senator Thomas G. Pollard and Judge W. Dewey Lawrence, for certain legal fees for professional services rendered appellants amounting in all to the sum of $308.65, alleged to be owing by appellants. An itemized sworn account was attached to the or [947] iginal petition. This suit was filed November 21, 1936, and judgment by default was rendered against appellants and in favor of appellees on February 15, 1937, for the full amount of their claim. The case is now properly before us on appeal. No statement of facts accompanies the record, and our examination of same will be for fundamental error only. The first contention made by appellants is that the petition of appellees is insufficient upon which to predicate a judgment against appellants, in that it was brought by Pollard & Lawrence as a co-partnership and not by the individuals composing the partnership. This contention is overruled. While it is true that the petition alleges that the suit is brought by Pollard & Lawrence, “a co-partnership composed of Thomas G. Pollard and W. Dewey Lawrence,” the petition thereafter refers to the appellees as “plaintiffs” and shows conclusively, absent a special exception, that the suit is prosecuted by the individuals, Thomas G. Pollard and W. Dewey Lawrence, and the allegation as made would not render the petition, in our opinion, subject to general demurrer and is sufficient upon which to base the judgment by default. Scott v. Llano County Bank, Tex.Civ.App., 85 S.W. 301; Scott v. Llano County Bank, 99 Tex. 221, 89 S.W. 749. Another contention is made by appellants that the court erred in rendering judgment against Mac Hall because: (1) The plaintiffs’ petition does not state sufficient facts to authorize the judgment against him: (2) because the judgment is based upon a verified account attached to plaintiffs’ petition, which account is against Artex Refining Company only; and (3) the petition fails to state facts authorizing a judgment against Mac Hall as a stockholder and director of Artex Refining Company. These contentions are overruled. The petition simply states that appel-lees performed the services shown by the verified account attached to the petition for the defendant and that “the defendants became obligated to pay plaintiff the several sums of money charged there'for in said account specified, amounting to the sum of Three Hundred Eight and 65/100 ($308.-65) Dollars after allowing all due credits and offsets; then and there agreed and promised to pay plaintiff said amounts.” This averment alleges simply that the services were performed for defendants and that defendants promised to pay for same. The judgment recites “and it appearing to the Court that the cause of action herein is based upon a verified account in the sum of Three Hundred Eight and 65/100 ($308.-65) Dollars, and the pleadings and evidence having been heard by the Court and by him understood.” We have no way of knowing what evidence was before the court other than the sworn account attached to the petition, but we indulge the presumption which obtains in favor of the judgment .that it was rendered upon sufficient evidence. Therefore these contentions are overruled. The other assignments brought forward by appellants have been examined and in the light of this record are found without merit and are overruled. The judgment is affirmed.