Cummens v. Owen Bros. Const. Co.

(after stating the facts as above). The assignments based on the action of the court in giving and refusing instructions are overruled. It does not appear that appellant excepted to the action of the court in those particulars. Therefore he is in the attitude of having approved at the trial the rulings complained of in said assignments. Articles 1971 and 2061, Vernon's Statutes; Palmer v. Logan, 189 S. W. 761.

The only other assignment in appellant’s brief is one in which he complains because the court excluded as evidence a clause in the contract between appellee and Fannin county as follows:

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