Lytle v. McAlpin

NORVELL, Justice.

Upon the former appeal of this case, reported in Tex.Civ.App., 220 S.W.2d 216, this Court reversed the judgment of the trial court which awarded McAlpin a judgment of $524.52 against J. W. Lytle. The nature of the case is fully set out in the former opinion. McAlpin’s theory of recovery was that Lytle had secured the services of one E. M. Carey in remodeling his residence and had authorized Carey to employ McAlpin to do certain work in connection therewith.

We held that under the evidence it could not be reasonably inferred “that Carey became the agent of Lytle and Lytle…