Goodwin v. Hidalgo County Water Control & Improvement Dist. No. 1

MURRAY, Justice.

This is the second appeal of this case. The first appeal was 'by writ of error. The majority opinion of this court is reported in 14 S.W.(2d) 321. See, also. 6 S.W.(2d) 231. The opinion of Section A, Oommissicm of Appeals-, is-reported in 25 S.W.(2d) 813, 819.

The written instrument out of which this controversy arose is set out in full in hiec verba in both of said opinions, and will not be recopied here.

The all-important question in this appeal is, Have the appellants proceeded under this optional contract to such an extent as to amount to an exercise of the option extended,…