Southern Pine Lumber Co. v. King

Mr. Judge Hickman

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

This suit was instituted by D. C. King against Southern Pine Lumber Company for damages for breach of a written contract to load logs. In a trial before the court with a jury judgment was rendered in favor of King for $4,858.98. On appeal a remittitur was filed, after which the Court of Civil Appeals affirmed the judgment of the trial court for $3,825.16, ' that being the amount of its judgment less the remittitur. 142 S. W. (2d) 560. The Lumber Company alone made application for writ of error.

The writ was granted…