Texas Pacific Indemnity Co. v. Building Material Distributors, Inc.

CLAUDE WILLIAMS, Chief Justice.

The former opinion of this court rendered on July 12, 1973 is withdrawn and the following substituted therefor.

Following trial on the merits judgment was rendered on December 18, 1972. Appellant Texas Pacific Indemnity Company timely filed its motion for new trial and its amended motion for new trial. Prior to hearing the motion the parties entered into three consecutive written agreements. The first agreement is as follows:

“AGREEMENT TO POSTPONE HEARING ON AMENDED MOTION FOR NEW TRIAL

“It is agreed by and between counsel for Plaintiff and counsel for Defendant…