American Fruit Growers, Inc. v. Harlan-Elzey-Randall Co.

This is a “county court case,” whose nature is fully disclosed in the majority and dissenting opinions in the Court of Civil Appeals. 7 S.W.(2d) 132. '

The exceptional conditions of jurisdiction in the Supreme Court (see article 1821, R. S. 1925) presented in the petition in error, are conflict of decision, in the present case and in cases cited herein below, and construction of a statute; i. e., article 1844, R. S. 1925.

Seasonably Harlan-Elzey-Randall Company prepared and requested submission of instruction of verdict. The request was overruled. •This action of the trial court was not…