Boerner v. Cicero-Smith Lumber Co.

The writ of error has been granted to review the judgment of the Court of Civil Appeals for the Seventh District. Justice Jackson thus states the case in that court:

“This suit was filed in the district court of Lubbock county, Tex., on October 29, 1923, by the plaintiff, Cicero-Smith Lumber Company, a corporation, against the defendants F. W. Boerner and his wife, Ora Boerner, to recover the purchase price of certain building material sold by it to F. W. Boerner, and to establish a trust arising in its behalf on- account of the fraud perpetrated on it in the purchase of the material.

“The…