Court of Appeals of Texas November 21, 1928, No. 3114. [fn*] (United States Fidelity & Guaranty Co. v. Taylor)

RANDOLPH, J.

This cause has twice been before this court and once before the Commission of Appeals of Texas. See (Tex. Civ. App.) 253 S. W. 1109, (Tex. Com. App.) 273 S. W. 320, and (Tex. Com. App.) 283 S. W. 161. Statements of the case heretofore made by this court and the Commission of Appeals obviates the necessity for a preliminary statement of the case; now on appeal before this court.