Robert Schaer v. First Nat'l. Bank

MR. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

This is a suit by Robert Schaer as plaintiff against the de fendant, First National Bank of Brenham, Texas; for $2628.30. Upon trial without the aid of a jury a judgment was awarded in Schaer’s favor against the bank for the amount sued for. Appeal to the Court of Civil Appeals resulted in a reversal of the trial court’s judgment and a rendition of judgment in favor of the bank. 94 S. W. (2d) 272. Writ of error was granted upon Schaer’s application as plaintiff in error.

Schaer’s first allegation upon the merits of…