Branch v. Branch

COLEMAN, Justice.

This is an appeal from a judgment granting a divorce on trial by the court sitting without a jury.

Appellant contends that the court erred in rendering a judgment granting the divorce because the undisputed evidence sustained his plea of condonation. Appellant testified positively to conduct on the part of appellee which would require a finding of condonation. When appellee was questioned about this conduct, she refused to confirm, but did not deny, the truth of appellant’s testimony. Under these circumstances the defensive issue of condonation could not have been disregarded…