Freiberg, Klein & Co. v. Lowe

Willie, Chief Justice. —

-There is no statement of facts in the record, and the errors assigned relate wholly to the charge of the court.

We have frequently held that a charge not glaringly erroneous under any state of facts that could arise under the pleadings will not be revised without a statement of facts. See T. & P. R. R. Co. v. McAllister, 59 Tex., 349, and authorities there cited.

The present charge, so far from being clearly erroneous, would be entirely appropriate under a state of facts admissible to proof under the issues in the case made by the parties.

*437As to the point made, that the…