Legal Opinion · Concurrence

Texas-Arizona Motor Freight, Inc. v. Bennett

Court of Appeals of Texas

Decided April 29, 1959No. 10661Published

1ConcurrenceGray, Justice

I agree with the conclusion reached by Chief Justice ARCHER. The reversal of the trial court’s judgment and remand of the cause is, in my opinion, a proper disposition of the appeal for the reason that the record shows that the cause was not fully developed due to the theory upon which it was tried and to rulings of the trial court.

Appellant’s four points all complain that the evidence is not sufficient to support the judgment rendered. Point four seems to challenge the right of appellee to maintain the suit because the evidence is insufficient to show he is the owner, holder or assignee of a…

2Cases cited4 opinions

  1. Thompson v. James G. McCarrick Co., IncCourt of Appeals for the Fifth Circuit · 1953
  2. Pecos & N. T. Ry. Co. v. MeyerCourt of Appeals of Texas · 1913
  3. Gamble-Robinson Commission Co. v. Union Pacific RailroadAppellate Court of Illinois · 1913
  4. Lang v. ShofnerCourt of Appeals of Texas · 1943

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