Indemnity Ins. Co. of North America v. McMillan

RICE, Chief Justice.

This suit was originally brought by Indemnity Insurance Company of North America against W. R. McMillan in one of the Justice Courts of Dallas County for the recovery of $125 alleged to be due plaintiff by defendant under the terms of an indemnity contract. From a judgment in favor of defendant plaintiff appealed to one of the County Courts of Dallas County, where, on a trial before the court, a jury being waived, judgment was again rendered in favor of defendant, from which plaintiff has perfected its appeal to this court.

From the undisputed facts it appears that…