United States Fidelity and Guaranty Co. v. London

I respectfully dissent. The cause was tried to a jury. The trial court entered a judgment in favor of the plaintiff, but not to the' extent prayed for in his motion for- judgment.-. On appeal, the Court of *308Civil Appeals, in effect, granted plaintiff’s motion for judgment by reversing the judgment of the trial court and rendering judgment for the plaintiff for more compensation than awarded by the trial court. 366 S.W.2d 263.

Plaintiff’s original petition was filed on June 28, 1961. Plaintiff’s pleadings, as originally filed, alleged a cause of action against the defendant, claiming…