Livezey v. Putnam Supply Co.

The majority opinion correctly shows the facts to be that the issue of ownership by Putnam Supply Company of the property sued for was an "issue made by the pleadings," but no finding upon such issue was embraced in the jury's special verdict. It is therefore clear that the same situation is presented as in Cisco Bldg. Loan Ass'n v. Mason (Tex.Civ.App.)12 S.W.2d 1106. Consequently, it is appropriate, as the majority opinion does, to overrule the decision in that case, if the present judgment is to be affirmed.

The writer is frank to confess that, at the time the opinion in the Mason Case was…