Bowman Biscuit Co. of Texas v. Hines

Due to the action taken on rehearing, the following, which was heretofore the opinion of the court, now represents the views of a minority of the justices, but is filed in its original form, instead of in the form of a dissent, for convenience. Justices Sharp, Brewster and Griffin concur herein, Justice Brewster largely for the reason that the legislature has taken no action since the decision in Griggs Canning Co. v. Josey, infra, toward changing the law as therein declared.

The question, certified by the Dallas Court of Civil Appeals, 240 S.W. 2d 467, 468, arises on a plea of privilege of…