Armstrong v. G. A. C. Leasing Corp.

KEITH, Justice.

Defendant appeals from a judgment entered non obstante verdicto; and, this being the second appeal of the case with the pleadings being identical, we refer to the earlier opinion for a statement of the underlying facts and the issues made by the pleadings. See Armstrong v. G. A. C. Leasing Corp., 484 S.W.2d 811 (Tex.Civ.App., Beaumont, 1972, no writ).

As indicated in our earlier opinion, defendant’s answer asserted “[t]hat the parties agreed that no agreement would be binding until and unless a written acceptance of the equipment had been signed by defendant.” (484 S.W.2d at…