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action affirmed agreement alleged amended amount answer appellant appellant's appellee application attorney authority automobile award bank cause charge Circuit Cite as 385 City Civil claim Company condition considered Constitution construction contends contract conviction County Criminal damages defendant denied determine direct District duty effect entered entitled error evidence fact failed failure filed finding further give granted ground held highway holding injury instructed interest issue judge judgment jury Justice land lease matter ment motion negligence NUMBER objection operated opinion overruled paid parties permit person petition plaintiff pleadings present prior proceeding proof question reason record refused rendered result reversed rule statement statute sufficient suit sustained term testified testimony Tex.Civ.App Texas tion trial court verdict Vernon's wife witness writ