Compton v. Elliott

I have concluded that the motion for rehearing should be sustained. The reasons, however, upon which my change of view is based are entirely different from those set forth in appellant's motion. My views more nearly accord with those expressed in the majority opinion — the little difference being just such, as it happens under the particular facts of this case, to require a different disposition of the motion.

My concurrence in the original opinion resulted from yielding my previously entertained views as expressed in Sims v. Callihan (Tex.Civ.App.) 39 S.W.2d 153, 158, as follows: "In such a…