Marmion v. Herrin Transp. Co.

COMBS, Justice.

This suit was filed by appellant, W. H. Marmion, as plaintiff, for damages for alleged breach of a contract entered into with appellee, Herrin Transportation Company, Inc., for transporting certain freight from Houston to Beaumont. An attempted appeal from a judgment in favor of plaintiff w,as dismissed at a former term of this court because the judgment'was not final. See Herrin Transportation Company v. Marmion, Tex.Civ.App., 113 S.W.2d 291. In dismissing the case it was suggested in the-opinion that defendant’s motion for new-trial be granted by the trial court for reasons…