Wagner v. Foster

The opinion of the Court of Civil Appeals is reported in 337 S.W. 2d 485.

The judgment of the Court of Civil Appeals is reversed and the case is remanded to that court for further proceedings. This action is taken pursuant to that part of Rule 483, Texas Rules of Civil Procedure, which reads as follows: “In cases where the decision of the Court of Civil Appeals is in conflict with a previous opinion of the Supreme Court, the Supreme Court may, in its discretion, without the necessity of granting1 the writ and hearing the case, reverse the same on the application for writ of error, making, at…