Ricks v. Smith

BAUGH, Justice.

Smith and wife sued Ricks for damages for breach of contract to store their household goods and furniture in his bonded fire-proof .warehouse located at 411 East Fourth Street, in Austin,' Texas.' Said property was stored by Ricks in a warehouse at 214-216 West Fourth Street, where it was destroyed by fire on September 26, 1945. Trial was to a jury on special .issues, and based upon their answers judgment rendered for appellees for $2,-726; hence this appeal.'

Appellant brings four points of error; the first of which is that there was no evidence to warrant submission of the…