Evans v. Galbraith-Foxworth Lumber Co.

A full statement of this case is made on a former appeal, reported in (Tex. Civ. App.) 31 S.W.(2d) 496.

The pleadings are practically the same as on the former appeal, with the exception of a trial amendment, to which reference will be made later in this opinion. For convenience the parties will carry the same designation as in the trial court, of plaintiff and defendants. We deem it unnecessary to again make a statement further than to throw a background: behind the law points hereafter discussed.

Plaintiff, Galbraith-Foxworth Lumber Company, filed suit against Henry Evans and wife, Adella…