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action affirmed agreed agreement alleged amended amount answer appellant appellee application attorney authority award Bank bill Board cause charge Cite as 404 City claim Commission Company condition considered Constitution construction contends contract Corporation counsel County Court of Civil Criminal damages deed defendant defendant's denied determine District effect entered error evidence executed fact failed filed follows further granted ground hearing held included injury instruction interest issue judge judgment June jury land loss matter ment motion named negligence officer opinion original paid parties person petition plaintiff pleadings present prior proceeding proof question reason received record rendered respondents result rule statement statute suit sustained taken testified testimony Texas tion trial court trust verdict wife witness