King v. Atayde

*149OPINION

GREEN, Chief Justice.

Appellee filed suit seeking specific performance or in the alternative damages for the cash market value of a live tamed female elephant. The cause of action is based on a written contract between appellee and appellant which, appellee contends, supplanted and superseded an original oral contract. Trial was had to the court and jury, and based upon the single special issue submitted judgment was rendered allowing recovery by appellee from appellant of the sum of $3,500.00. This appeal is from such judgment.

The written contract between the parties, the alleged…