Peterson v. Graham-Brown Shoe Co.
Court of Appeals of Texas
Appeal from Bexar County Court for Civil Cases; John H. Clark, Judge. Action by C. T. Peterson against the Graham-Brown Shoe Company. From a judgment for defendant, plaintiff appeals.
1Opinion
On Motion for Rehearing.
[3, 4] This court proceeded in its former opinion on the mistaken hypothesis that the charge had been objected to in the lower court, or, if it had not been objected to, that the error was fundamental in presenting the issue as to the existence of the contract to the jury when such existence had been admitted in the answer. Neither of these hypotheses is sustained by the record. Appel-lee pleaded a general denial, and any admissions thereafter pleaded in the answer would not lift the burden from appellant of proving his case, which had been generally denied. Bauman v.…
2Cases cited4 opinions
- Houston East & West Texas Railway Co. v. De WaltTexas Supreme Court · 1902
- Bauman v. ChambersTexas Supreme Court · 1897
- Fidelity Phenix Fire Ins. Co. v. SadauCourt of Appeals of Texas · 1913
- Gordon v. RatliffCourt of Appeals of Texas · 1914