Moore v. Krenek

This is the second appeal of this case. On the former appeal we reversed the judgment of the trial court sustaining a general demurrer to the plaintiffs' petition and held that same alleged cause of action. See 288 S.W. 580. The pleadings are substantially the same in this case as those set out on the former appeal, with such additions as may be hereafter indicated.

Appellant's brief contains no assignments of error, and we have examined the record only for fundamental error. Appellant insists, however, that he was entitled to an instructed verdict on the undisputed facts. We have carefully…