Baker v. Rose

HEARE, Justice.

This is the second appeal of this cause. The opinion of the Court of Civil Appeals on the former appeal is reported in Rose v. Baker, 146 S.W.2d 212, and the opinion of the Supreme Court is reported in 138 Tex. 554, 160 S.W.2d 515.

The statement of the facts and transactions between the parties through the first trial is contained in the opinion of the Court of Civil Appeals and will not be here repeated, but that opinion, together with the opinion of the Supreme Court, is referred to for a proper understanding of this case. It will be noted that the plaintiff, James B. Baker,…