Court of Appeals of Texas November 2, 1932, No. 3894. (Overton v. Ragland)

HALL, C. J.

This case is before us upon a second appeal. It was tried the second time without an amendment of pleadings and upon practically the same testimony as before. For the sake of brevity, we refer to our former opinion in 44 S.W.(2d) 768, for a statement of the issues and the rules of law which in our opinion control the rights of the parties.