Burge v. Dallas Retail Merchants Ass'n

On Motions for Rehearing.

Both parties have filed motions, for rehearing. Some of the points urged on rehearing have caused us to suspect that our opinion may have been misunderstood in one particular.

We did,not undertake to make a finding of fact that appellant had . or had not committed a fraud. That issue was for the trial court and must be determined again finally at a trial on the merits. We did hold that appellee at the hearing' on the plea of privilege presented testimony which as a matter of law was sufficient to uphold the trial court’s implied finding of fraud for venue purposes.…