Dermott Townsite Co. v. Wooten

This is the second appeal of this ease, our opinion on the first appeal being found in 178 S. W. 598, to which we refer for a full statement of the pleadings. In that opinion, we held that the general demurrer to plaintiffs’ petition should not have been sustained, and the judgment of the court below was reversed and the cause remanded. Upon the second trial, the cause was submitted to the jury on special issues, and plaintiffs recovered judgment upon the bond given, and defendants appeal.

In response to the issues submitted the jury found: (1) That the error as to the number of the section in…