Middleton v. Brawley

This suit was filed by appellant against appellee. The case in the trial court was submitted to a jury upon two special issues; one only being answered by the jury. However, no question arises upon the failure of the jury to answer the second issue, as the parties agreed that that issue became immaterial, in view of the answer to the first issue.

The plaintiff’s petition, omitting the formal parts, alleges that he was the owner of a certain town lot in Lubbock, Tex.; that the defendant owned two tracts of land in Dickens county, which he desired to exchange for the lot owned by the plaintiff,…