Seymour v. Schwartz

This appeal was transferred, by order of the Supreme Court, from the El Paso Court of Civil Appeals to this Court. The El Paso Court entered an order affirming the judgment appealed from, but upon rehearing a disagreement developed between the two active Justices of that Court as to the proper disposition of the cause. As a result, the order of affirmance was set aside and the appeal re-submitted in this Court.

We have the benefit of two opinions, prepared by Chief Justice Price and Associate Justice Sutton of the El Paso Court, in which the contrasting views as to the proper disposition of…