Ratcliff v. Baird

The law of this case, in its application to the evidence upon the first trial, was settled when it was before the Court on a former appeal. (10 Tex. R. 81.) But there is an additional fact presented by the evidence on the last trial, which was not brought out distinctly so as to attract attention, and consequently was not adverted to, upon the former trial; that is, that the defendant, Ratcliff, was made acquainted with the agreement between the plaintiff, Baird, and the witness Abbott, for the substitution of the latter to complete the performance of the contract, and that he, Ratcliff,…