Diamond v. Duncan
Texas Supreme Court
Error to the Court of Civil Appeals, Fifth District, in an appeal from Dallas County, Duncan sued Diamond and obtained judgment, from which the latter prosecuted appeal and on affirmance obtained writ of error from the Supreme Court.
1Opinion of the CourtChief Justice Bbown
From the opinion and the briefs and argument of parties, we make the following statement of facts as they were presented to the jury on behalf of the plaintiff, Duncan.
The Court of Civil Appeals said that the evidence was conflicting and, it being conflicting, we must adopt that statement which is most favorable to Duncan, in whose favor the jury found on the issues presented. We *259therefore make the following brief statement of what we understand to be substantially the facts proved by plaintiff below. Diamond and Duncan were old friends and had been closely associated for many years. Diamond…
2Cases cited2 opinions
- Backus v. AmesSupreme Court of Minnesota · 1900
- Kaw Brick Co. v. HogsettMissouri Court of Appeals · 1898
3Cited by26 opinions
- Burroughs v. BunchCourt of Appeals of Texas · 1948
- Dalton v. Norwich Union Fire Ins. Soc.Texas Commission of Appeals · 1919
- McCall v. MarshallTexas Supreme Court · 1965
- Springfield Fire & Marine Ins. Co v. Hubbs-Johnson Motor Co.Texas Commission of Appeals · 1931
- Cateora v. British Atlantic Assurance, Ltd., of NassauDistrict Court, S.D. Texas · 1968
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