Lamoyne v. State

(dissenting).—This case is before the court on motion for rehearing, it having been affirmed at the recent Dallas term.

Several questions for revision are presented which it is urged the court was in error in affirming. My brethren did not agree to the contention of appellant. I am of the opinion this case should be reversed and the affirmance set aside.

The record shows that appellant bought from J. M. Hoskins, vice president and general manager of Drane & Co., a corporation, a hay-press and lifting-jack for which he agreed to pay $250. This occurred in.Navarro County. Hoskins testified that…