Dyo v. Winningham

A previous motion for rehearing was overruled in this cause, but later such order was-set aside and appellee granted leave to file an amended motion, in which, as a further ground, appellee contends that we committed efror in reversing and rendering judgment as to appellants North Mexico Mining Company and H. Kishi, the plea of failure of consideration not having been verified by them or on their behalf.

The answer filed by appellants was verified as follows:

“The State of Texas, County of El Paso.

“Before me, the undersigned authority, on this day personally appeared Tsutomu Dyo, one of…