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action affirmed agreed agreement alleged amended amount answer appellant appellant's appellee application authority automobile building cause charge Cite as 414 City Civil claim Company condition Constitution construction contends contract corporation counsel County damages deed defendant denied determine directed District effect entered entitled error established evidence executed fact failed failure filed finding follows further granted held holding husband injury instruction interest involved issue judge judgment jury land lease matter ment motion negligence objection opinion original owner parties payment person petition plaintiff pleadings present prior purchase question reason received record refusal result reversed rule statute Street sufficient suit Supreme Court sustained testified testimony Texas tion tract trial court truck verdict wife witness writ