Texas Supreme Court June 24, 1933, No. 6543 (Smith Bros. v. Guardian Trust Co.)

Mr. Chief Justice CURETON

delivered the opinion of the court.

The facts of this case are briefly and well stated in the certificate of the trial judge to the Court of Civil Appeals. We quote therefrom in part as follows:

“In the above case now pending before this Court I deem it advisable to certify to your Honors, in accordance with the provisions of House Bill No. 173 (Acts, 1933, ch.