Erminger v. Daniel

MURRAY, Justice.

This suit was instituted by W. F. Daniel against F. O. Erminger seeking to engraft a parol trust upon a bill of sale, absolute upon its face, to certain electric phonographs or “juke” boxes situated in Hidalgo, Starr, Willacy and Cameron Counties.

The case was tried to a jury. Only one special issue was submitted to the jury and in keeping with the jury’s answer thereto judgment was rendered in favor of W. F. Daniel, and F. O. Erminger has prosecuted this appeal.

Appellant’s first point is: “Plaintiff not having alleged any amount of damages or the value of any property…