Southwestern Transfer Company v. Slay

I respectfully dissent. I would hold that plaintiff sustained his burden under Subdivision 23, Article 1995, V.A.C.S.

There being no findings of fact or conclusions of law, it is presumed the trial court found all fact issues raised by the evidence in favor of the judgment. In determining the sufficiency of the evidence to support the trial court’s judgment, it is our duty to examine the testimony in the light most favorable to appellee and to indulge every reasonable inference in support of the judgment. Banks v. Collins, 152 Tex. 265, 257 S.W.2d 97 (1953).

The facts alleged and proved in this…