Niles v. Houston Oil Co. of Texas

• WALKER, J.

This is the second appeal in this ease. On the first trial judgment was instructed for the appellees herein. This court, in an opinion by Judge Brooke (Niles v. Houston Oil Company, 191 S. W. 748), reversed the trial court and rendered judgment for appellants. Reviewing Judge Brooke’s opinion, the Commission of Appeals, in an opinion by Judge McLendon (255 S. W. 604), reversed the judgment of this court, and remanded the case for a new trial. In approving Judge McLendon’s opinion, Judge Cure-ton said:

“We approve the holding of the Commission of Appeals on the question discussed in…