Court of Civil Appeals of Texas, 1926

Garrow, McLain Garrow v. R. D. Allen

Garrow, McLain Garrow v. R. D. Allen
Court of Civil Appeals of Texas · Decided June 10, 1926 · Walthall
284 S.W. 1118; 1926 Tex. App. LEXIS 513 (South Western Reporter)

Garrow, McLain Garrow v. R. D. Allen

Opinion of the Court

WALTHALL, J.

This is a suit by appellee to recover damages, and upon trial judgment was rendered in his favor for $364.48, and the defendant, a corporation, appeals. This is the second appeal. The opinion upon the former appeal sufficiently states the nature of the action. See 260 S. W. 887. The appellant complains of the admission of certain evidence; failure to define the word “good” in the special issue submitting the 'question of whether the cotton was in good condition when delivered to defendant; that the submission of some of the issues was confusing, because they were submitted conditionally upon the answers returned to others; and, further, that the evidence is insufficient to support the findings and judgment. In our opinion, the matters complained of present no error. They relate to nothing novel, and call for no discussion. The case is one of fact, and the evidence supports the findings and judgment. The judgment should be affirmed; and it is so ordered.

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