Fisk Tire Co. v. Firestone Tire & Rubber Co.

FOLLEY, Justice.

This is the second appeal of this case. The opinion of this court in the former appeal will be found in 87 S.W.2d 794. A writ of error was granted by the Supreme Court, and the opinion of the Commission of Appeals reversing this court and the trial court will be found in 131 Tex. 158, 113 S.W.2d 175, 177. We refer to both of these opinions for a statement of such facts as we deem unnecessary to restate here.

In the former appeal in a trial before a jury judgment was rendered for the Fisk Tiré Company against the Firestone Tire & Rubber Company. In the instant appeal the trial…