Hill v. Lester

On Motion for Rehearing.

We do not believe that the conclusions reached by us on original hearing are in conflict with the numerous decisions cited by appellants, with chief stress on Wear v. McCallum, 119 Tex. 473, 33 S.W.(2d) 723, and Maytag Southwestern Co. v. Thornton, 20 S.W.(2d) 383, Court of Civil Appeals (writ of error refused). And, in addition to the. numerous decisions cited in support of the rule announced in 25 Tex.Jur. § 194, p. 597, quoted in our original opinion, we believe the following decisions are particularly in point: Morris v. National Cash Register Co., 44 S.W.(2d) 433,…