Texas Supreme Court, 1978

Commercial Standard Insurance Co. v. Young Men's Christian Ass'n of Metropolitan Fort Worth

Commercial Standard Insurance Co. v. Young Men's Christian Ass'n of Metropolitan Fort Worth
Texas Supreme Court · Decided March 8, 1978
563 S.W.2d 246; 21 Tex. Sup. Ct. J. 258; 1978 Tex. LEXIS 313 (South Western Reporter, Second Series)

Commercial Standard Insurance Co. v. Young Men's Christian Ass'n of Metropolitan Fort Worth

Opinion of the Court

ON APPLICATION FOR WRIT OF ERROR

PER CURIAM.

The court of civil appeals correctly reversed and remanded this cause for new trial. 552 S.W.2d 497. Our action should not be interpreted, however, as approving the opinion of the court of civil appeals on motion for rehearing in which it stated that neither the covenant not to execute nor stipulations concerning it were binding on the minor, Johnny Howie. These issues were not urged upon the court by any party and cannot support its judgment. State Farm Mutual Automobile Insurance Co. v. Cowley, 468 S.W.2d 353 (Tex. 1971); Tex.R. Civ.P. 418. The application for writ of error is refused, no reversible error.

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