Rodriguez v. Higginbotham-Bailey-Logan Co.

NORVELL, Justice.

This is the second appeal in this cause. The opinions of this. Court and the Supreme Court are reported in 144 S.W.2d 993, and 138 Tex. 476, 160 S.W.2d 234, respectively. These opinions contain a complete statement of the case.

The majority of this Court, upon the former appeal, concluded that as the trial court held, as a matter of law, that there was no evidence that Blanchard was authorized to make the contract involved, we could consider this holding as embracing the lesser holding that the evidence was insufficient to support a fact finding that Blanchard was authorized…