White House Lumber Co. v. Denny

HALL, Chief Justice.

This case has made three trips to this court and two to the Supreme Court. (Tex.Civ.App.) 40 S.W.(2d) 250; (Tex.Com.App.) 54 S.W.(2d) 86; (Tex.Civ.App.) 75 S.W.(2d) 709. For the sake of brevity, we will refer to the former reports of the case for an understanding of the facts and the questions of law which have been decided.

In the last appeal to this court, 75 S.W. (2d) 709, the judgment of the trial court was reversed because testimony was offered to prove that McCorkle had paid the debt to appellees prior to the rendition of the judgment against him, and excluded upon…