Heiple v. Jenkins

On Second Motion for Rehearing.

The opinion filed herein on original motion, for rehearing, on January 17, 1934, will be withdrawn and this substituted therefor.

The agreed statement upon which the appeal whs submitted in this court is presumed to embrace every fact in the case, and no other facts or findings may be presumed or inferred, except such facts as are necessarily implied from those expressly stipulated. Article 2280, R. S. 1925; Rogers v. Gould, 20 Tex. 437; Missouri, K. & T. Ry. Co. v. Fisher (Tex. Civ. App.) 47 S. W. 284 (writ refused).

The ultimate effect of the contract between…