Texas Supreme Court July 1, 1877 (Hutchins v. Masterson)

Moore, Associate Justice.

In no view which we have been able to take of this case, can the judgment he sustained.

On the trial in the court below, the presiding judge instructed the jury upon the hypothesis that in selling the mill in controversy, Asa Watt Thompson may have acted as the agent of the owner; but as there is no evidence in the record tending to show that he pretended to act in a