Patton v. Samuel

MASSEY, Chief Justice.

This is an appeal from order of the trial court holding that the amended motion for new trial by a defendant was overruled by operation of law, at the same time refusing to either sustain or overrule the motion by any affirmative action. The suit was one for labor and materials, wherein the defendant had not filed an answer and wherein the plaintiff had taken a default judgment.

Judgment affirmed.

Cornell Samuel was in the floor refinishing or floor covering business in Wichita Falls, Texas, in 1951, during which year he had performed some work for J. F. Patton. Samuel…