Rushing v. Mitchell
Court of Appeals of Texas
Appeal from District Court, Bosque County; O. L. Lockett, Judge. Action by L. B. Mitchell against J. A. Rushing and another. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtKey, C. J.
This is the second appeal in this case, the former having been decided by the Court of Civil Appeals for the Sixth district, and we refer to that decision for a full and correct statement of the nature of the suit. Mitchell v. Rushing, 55 Tex. Civ. App. 281, 118 S. W. 582. With one exception, we think that court correctly construed the contract, and that the trial court committed no error at the last trial in accepting that decision as the law of the case. The suit is founded upon a written contract set out and construed on the former appeal.
We commend the action of the trial court in…
2Cases cited2 opinions
- Kneeland v. Van ValkenburghWisconsin Supreme Court · 1879
- Mitchell v. RushingCourt of Appeals of Texas · 1909