Russell v. Texas Transport & Terminal Co.

(after stating the facts as above). The defendant’s brief makes a very different case from that above stated. It asserts that no negotiations for settlement were pending in April, 1925, but that the ease was then stricken from the trial calendar because the plaintiff was not ready to proceed; that the case was again reached for trial in September, 1927, and was again marked off because the plaintiff failed to answer; and that on each occasion the defendant had gone to the expense of being ready for trial. Were such facts embodied in the record before us, it would be difficult to find any…