Ward Oil Corp. v. Overton Refining Co.

BAUGH, Justice.

This is a Rule 37 case, and a second appeal from the judgment of the trial court involving the same permit. The first appeal is reported in 131 S.W.2d'700, wherein we reversed and remanded the case on the ground that the evidence on the former trial negatived any confiscation of appel-lees’ property, the only ground upon which the permit involved was sought.

Irrespective of the proof made upon the first trial, and whether our former decision is res adjudicata of the issues here presented, a statement of the uncontroverted facts, under now settled holdings, is sufficient to…