Erwin v. Victory Motor Co.

This is the second appeal in the above-styled cause. On the former appeal a judgment in favor of appellant Erwin was reversed for reasons set forth in the opinion of Dunklin, Associate Justice, reported in 12 g. W.(2d) 1059, to which we refer for a full statement of the case. We will, however, give such brief outline as Is thought to be necessary to an understanding of our conclusions on the present appeal.

Erwin, under a trade-name, was doing business in Wichita Falls as á dealer in new and secondhand automobiles, and in connection therewith conducted a garage and repair shop. The Victory…