S. J. Kelley Const. Co. v. Page

HALE, Justice.

A correct disposition of the present appeal turns upon a proper construction of a prior judgment and opinion rendered and handed down in this cause on March 19, 1953 by the Court of Civil Appeals for the First Supreme Judicial District of Texas, hereinafter referred to as the Galveston Court, in the case of Page v. S. J. Kelley Const. Co., Tex.Civ.App., 256 S.W.2d 595, 598 (er. ref. n. r. e.).

By referring to the published report of the opinion on the prior appeal, it will be noted that the Galveston Court stated therein that “the judgment of the trial court must be reversed and…