Pershing v. Henry
Texas Commission of Appeals
1Opinion of the CourtPowell, J.
The Court of Civil Appeals, in its opinion, gives us a very full statement of the nature and result of this case. See 236 S. W. 213. We shall not lengthen our opinion by repeating the statement here, but will quote only that portion of the opinion of the Court of Civil Appeals which has any bearing upon the one controlling question now before the Supreme Court.
In finally disposing of the case, the Court of Civil Appeals says:
“It is manifest from the undisputed testimony in this case that the contract between Henry and Pershing constituted a joint undertaking to 'acquire land out of the…
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