Furr's, Inc. v. Leyva

I respectfully dissent and would affirm the judgment of the trial Court.

The writer is of the opinion that there is some support in the evidence for the trial Court’s presumed finding of negligence; under such circumstances, the appellate Court must affirm.

In the absence of findings of fact and conclusions of law, it is assumed on appeal that the Court found every fact necessary to sustain the judgment, if such factual propositions were raised by the pleadings and supported by the evidence, Renfro Drug Co. v. Lewis, 149 Tex. 507, 235 S.W.2d 609 (1950), and the judgment will be affirmed on any…