Steinke v. Schmid

TIREY, Justice.

Joe Schmid brought this suit against F. A. Steinke in trespass to try title to a tract of land in Falls County. Defendant answered by plea of not guilty. Special Issue No. 1 of the court’s charge was: “Do you find from a preponderance of the evidence that defendant, F. A. Steinke, and Ed Schmid, in October of 1946, entered into a verbal contract whereby defendant, F. A. Steinke, was to lease the premises in question for a period of five years beginning on or about January 1, 1947”, to which the jury answered “No.” Since the jury answered the question “No” under the instructions…