Klinke v. Harbison

MARTIN, Justice.

A rehearing is granted appellant, Fred C. Klinke, under the rule laid down in Korn v. Korn, Tex.Com.App., IS S.W.2d 1017, as appellant’s motion for a new trial authorizes a review of the action of the trial court in withdrawing the cause from the jury and granting judgment to appel-lees as recited in the judgment of said court.

Appellant and appellee, Vinson Pettit, have duly filed their motions for a rehearing in this cause. An understanding of the issue before the court requires a recitation of the original facts and issues and this opinion will embody the same and constitute…