Atlas Brick Co. v. North

This is the second appeal in this case, the former appeal being reported in 281 S. W. 608, where the case is fully stated by this court, except as to an accounting prayed for by appellant, and in 288 S. W. 146, where the opinion of the Commission of Appeals is to be found.

While the facts found by the jury on the former trial are different from the facts found on this second trial, the issues on the .two trials not being materially different, we think we may refer to the former statement of the case as showing in general outline the history of the case and the contentions made by the parties…