Smith v. Day Lumber & Timber Co.

GRAVES, Justice,

On November 27, 1935, this court entered this order in this cause: “Passed to await action of the Supreme Court in New *1060Way Lumber Co. v. Smith, and in Texas Farm-Products Co. v. Smith, 96 S.W.(2d) 290.”

That was done upon the conclusion, which is now reiterated upon the present re-examination of the record therein, that the cause in all essential and controlling respects is but a companion one to the New Way Lumber Company Case — so referred to in the quoted order — which has since been disposed of by "the Supreme Court, as reported in 96 S.W.(2d) 282; in that decision, not…