Texas Supreme Court July 23, 1941, No. 7644 (Linton v. Smith)

Mr. Judge Hickman

delivered the opinion of the Commission of Appeals, Section A.

A. J. Smith et al were plaintiffs in the trial court, plaintiffs in error in the Court of Civil Appeals, and are defendants in error here. It is thought that our opinion can be more easily followed by designating them as plaintiffs and the plaintiff in error, Vernon Linton, as defendant.