City of Beaumont v. Bryant, Byram & Swain

DIES, Chief Justice.

This is a condemnation case brought by the City of Beaumont, appellant, to acquire a sewer easement from the appellee, Bryant, Byram & Swain, a partnership. The sole question involves the admissibility of one comparable sale. Appellant in its brief challenged two sales, but on oral argument conceded that one (Cicero to McGoni-gle) was not assigned as error in its motion for new trial. We therefore cannot consider that sale. See Tex.R.Civ.P. 321; Meyer v. Great American Indemnity Company, 154 Tex. 408, 279 S.W.2d 575, 579 (1955).

The one comparable sale we review is that…