Cantrell v. Garrett

COLEMAN, Justice.

N. A. Garrett and Earl Garrett sued J. A. Cantrell in the Justice Court, Precinct No. 2, Waller County, Texas, for a debt based on an alleged oral agreement and, in the alternative, on quantum meruit. On appeal to the County Court the case was tried to a jury and, based on findings by the jury, the Court rendered judgment for plaintiffs. Prior to the preparation of the Court’s charge, appellant requested in writing that the cause be submitted on special issues. Thereafter the Court submitted the following charge to the jury:

“Special Issue No. 1: Do you find from a…