Baker v. Fell

Mr. Judge Hickman

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

*377This is an action by plaintiff in error, Mrs. Stella Baker, against defendant in error, A. H. Fell, in trespass to try title. In the trial court the jury returned a verdict in favor of Mrs. Baker upon a peremptory instruction, and judgment was entered thereon. The Court of Civil Appeals reversed the trial court’s judgment and remanded the cause. 123 S. W. (2d) 746.

The case rests upon the construction of a written contract which is set out in full in the opinion of the Court of Civil Appeals. The contract was in the…