Benge v. Scharbauer

254 S.W.2d 236 (1952)

BENGE et al.

v.

SCHARBAUER et al.

No. 4895.

Court of Civil Appeals of Texas, El Paso.

October 29, 1952.

Rehearing Denied November 19, 1952.

Naman, Howell & Boswell, Waco, Wilson, Wilson & Logan, San Angelo, Douglas Ford, Dallas, for appellants.

Whitaker, Turpin, Kerr, Smith & Brooks and Stubbeman, McRae & Sealy, Midland, Earl A. Brown and R. T. Wilkinson, Jr., both of Dallas, for appellees.

SUTTON, Justice.

This is an appeal from the District Court of Midland County.

The trial was to a jury, but at the conclusion of the evidence the Court instructed a verdict in favor of Clarence…