Court of Appeals of Texas January 14, 1925, No. 7191. [fn*] (Creager v. Beamer Syndicate)

COBBS, J.

This is the same case, with some exceptions, that was heretofore passed upon by this court and reported as Beamer Syndicate v. Stewart, in 236 S. W. 795. We refer to that ease and adopt the statement as applicable here, with exceptions that will be noted from time to time distinguishing the case as then on appeal from it as now on appeal.