Evans v. Young County Lumber Company

MASSEY, Chief Justice.

Our opinion in this case, filed under date of May 3, 1963, is withdrawn and the following substituted therefor.

This case is companion to Wall et al. v. Young County Lumber Company, Tex.Civ.App., 368 S.W.2d 789 our opinion in which was handed down May 3, 1963. Defendants having the material interest in the instant case are Bill Jack Evans and The First National Bank of Bowie, Texas.

In the oral presentation of argument in the two cases, attorneys in both represented and agreed that the cases could and should be considered at the same time. The judgment under examination…