Stewart v. Friona State Bank

■ PITTS, Chief Justice

(dissenting).

As I view the matter, the majority opinion is not supported either by the record in this case or the law applicable thereto. Consequently, I must respectfully dissent.

The majority opinion seems to challenge the sufficiency of the evidence and charge in effect that the same does not support the trial court’s judgment. Throughout the majority opinion the credibility of certain witnesses are either directly or indirectly challenged.

It is elementary that the trier of facts, and not this Court, has the exclusive function of determining the credibility of the…