Phillips v. Woodard

CHADICK, Chief Justice.

This is an appeal from a district court judgment in a breach of warranty suit. The judgment is affirmed.

A previous appeal, Phillips v. Woodard, Tex.Civ.App., 306 S.W.2d 229, n. r. e., resulted in a reversal of an instructed verdict judgment. Failure to submit issues of fact raised by pleading and evidence for jury determination was the basis of the reversal.

Appellees C. B. Woodard and Regina Woodard, his wife, as plaintiffs sued W. A. Phillips and Annie Laurie Phillips, his wife, as defendants to recover $5,000, cancel a promissory note in the sum of $2,200, and for…