H. Seay &. Co. v. Moore

We adhere to the holding made in the original disposition of this case that the contract between plaintiff, H. Seay & Co., and W. D. Moore, was not a gambling contract. That issue was passed upon by the Court of Civil Appeals, and that court held that said contract was a gambling contract and such holding made it unnecessary for the Court of Civil Appeals to pass upon the assignments of error made by defendant Como State Bank, but under our holding the de-. fendant Como State Bank is entitled to have its assignments passed upon. The defendant *377Como State Bank guaranteed tlie performance of…