Lockhart v. Garner

298 S.W.2d 108 (1957)

W. K. LOCKHART et ux., Petitioners,

v.

Clyde GARNER et al., Respondents.

No. A-5679.

Supreme Court of Texas.

January 23, 1957.

Rehearing Denied February 20, 1957.

Lewis & Chandler, Jacksonville, for petitioners.

Louis W. Graves, Jr., Houston, for respondents.

SMITH, Justice.

The opinions delivered in this cause on October 3, 1956, are withdrawn and the following is substituted therefor.

Petitioners W. K. Lockhart and wife, Mamie Lockhart, filed this suit on April 10, 1954, against respondents, Clyde Garner et al., in the District Court of Cherokee County, Texas, alleging (1) that a…