Lone Star Olds Cadillac Co. v. Vinson

(dissenting)'.

I adhere to the holding in the original opinion, in which all members concurred after a careful review of the record. I see no reason now to reverse our conclusion. Our Supreme Court has spoken, not once but twice, in reversing the majority on the- question here presented. Distributors Inv. Co. v. Patton, 130 Tex. 449, 110 S.W.2d 47; Super-Cold Southwest Co. v. A. Z. Elkins, Tex.Sup., 166 S.W.2d 97, decided Nov. 25, 1942, not yet reported [in State reports]. The holding in the above cited cases is decisive of the question here. Hence, I content myself to follow the Supreme Court…