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action affirmed agreement alleged amount answer appellant appellant's appellee application authority automobile Bank called cause charge Cite as 367 City Civil claim Commission Company considered constitute construction contention contract conviction corporation County Criminal damages decree deed defendant defendant's denied determine directed District driving easement effect employee entered error establish evidence executed existing fact failed filed follows further given held Highway holding injury instruction interest issue Judge judgment jury land lease Louis matter ment motion negligence NUMBER operation opinion parties payment person plaintiff police present proper purchase question reasonable record result reversed rule statement statute sufficient suit Supreme Court sustained testified testimony Texas tion trial court verdict wife witness