Permian Oil Co. v. Smith

For a statement of this case I refer generally to the opinion of the Court of Civil Appeals, 47 S.W.2d 500, and to the opinion of Special Associate Justice FOUTS on the motion for rehearing, (supra, 446) 107 S.W.2d 564. In this Court the case was originally heard by the Commission of Appeals, and the judgment recommended in the opinion of the Commission (73 S.W.2d 490) was entered by the Supreme Court. I was unable to agree to the correctness of that opinion and judgment, and so notified my then associates, reserving the right to file a dissenting opinion on motion for rehearing, after a more…