C. H. Leavell & Co. v. Vilbig Bros.

The dissenting opinion delivered in this cause on February 10, 1960, is withdrawn, and the following is substituted therefor:

This dissent is written because the writer is not in agreement with the holding of the Court that no evidence was introduced supporting the trial court’s finding and judgment that Vilbig was indebted to Leavell in the sum of $2,076.69 for the expense incurred by Leavell in having the Kan-Tex Company repair the subsidence in the paving laid by Vilbig.

The Court of Civil Appeals substituted its findings for the findings of the trial *216court, and this Court has erroneously…