Smith v. Morgan

This is a companion case to the case of E. G. Smith v. T. Anderson, 92 S.W.2d 1061, this day decided by this court. The controlling facts and the law issues involved are the same. For the reasons stated in the opinion of Justice O'Quinn in the Anderson Case, the judgment of the trial court is reversed and judgment here rendered for the appellant.

On Rehearing.

Appellee, in his motion for rehearing, complains only of our refusal to strike appellant's brief. In that connection he insists that the facts with reference to the filing of appellant's brief are different from the facts in the companion…