Gann v. Keith

The Court of Civil Appeals at San Antonio certifies to this Court certain questions hereinafter set out, and the certificate is accompanied by the entire record in the case, together with the briefs of the parties. The opinion of the Court of Civil Appeals is reported in 249 S. W. 2d 683, and contains a comprehensive statement of the facts and the reason for its decision. In order to show the background of the questions certified, we quote from the opinion of the Court of Civil Appeals certain controlling facts, as follows:

“The former opinion of this Court in this cause is reported in 240 S.…