Peter Co. v. Green

McClendon, c. j.

The record contains no statement of facts, no assignments of error, and no brief for appellant.

Appellee has filed a brief under Courts of Civil Appeals Rule No. 39, and requests af-firmance of the trial court’s judgment.

Appellee is entitled under this rule to have the case considered from the viewpoint of his brief.

Also, it is within the discretion of this court, where appellant has filed no brief, to examine the record, and if no fundamental error is apparent, to affirm the judgment. Haynes v. Radford Co., 118 Tex. 277, 14 S. W.(2d) 811. For additional authorities on both…