Texas Supreme Court June 9, 1882, Case No. 3532 (Horm v. Shamblin)

Watts, J. Com. App.

There is no allegation in the petition that the agreement between Horm and Mrs. Shamblin was not in writing, and it was not necessary to allege that it was in writing; the exception to the petition, on the ground that the agreement therein set up was in violation of the statute of frauds, is not well taken.