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action affirmed agreement alleged amount answer appellant appellee applicable assignment attorney authority automobile Bank Board cause charge Circuit Cite as 384 City Civil claim Company condition considered Constitution construction contention contract counsel County Criminal damages deed defendant denied determine directed District duty effect entered error established evidence executed fact failed filed finding fire follows further give given granted ground held highway hold injury instruction interest issue judge judgment jury land matter ment motion negligence NUMBER objection operation opinion parties person petition plaintiff pleadings present prior purchase question reason record refused requested respondent result reversed rule statement statute sufficient suit Supreme Court sustained taken testified testimony Texas tion trial court trust verdict wife witness