Houston Real Estate Inv. Co. v. Hechler

This case was tried to the court and a jury. The whole of the issues, on instructions by the court as to the law, was submitted to the jury for their determination. A verdict determining the issues was rendered by the jury. When the verdict was rendered, and before judgment was entered, counsel for respondents, in open court, made the claim that the action was equitable, and that the verdict was merely advisory, and not binding, and stated that they would propose findings of fact for the court. The appellant contended the issues were triable by jury, and, at all events, that the verdict was…