Binge v. Gulf Coast Orchards Co.

MURRAY, Justice.

This is the second appeal of this case. See Binge v. Gulf Coast Orchards Company (Tex.Civ.App.) 67 S.W.(2d) 1045. On the former appeal the trial judge had held that Binge’s petition was subject to a general demurrer and entered judgment dismissing the cause. This court held that Binge’s petition did state a cause of action, and remanded the cause for a trial upon the merits.

The appeal is again by Binge, from an adverse judgment in the trial court. This suit was originally instituted in the 93d district court of Hidalgo county by appellant, H. Binge, against the appellees, Gulf…