Opinion
No. 7326.
Decided January 26, 1938. Rehearing overruled February 23, 1938.
Municipal Corporations — Street Paving — Owner — Notice — Judgments.
See syllabi of Realty Trust Company v. Craddock, supra, p. 88.
Error to the Court of Civil Appeals for the Third District, in an appeal from Tom Green County.
Suit by L. E. Whitham Company against L. L. Craddock to recover on certain paving certificates. Judgment for defendant was affirmed by the Court of Civil Appeals ( 107 S.W.2d 761), and plaintiff has brought error to the Supreme Court.
Judgments of both courts reversed and the cause is remanded to the district court for a new trial.
Milburn E. Nutt, of Wichita Falls, for plaintiff in error.
Upton, Upton Baker, of San Angelo, for defendant in error.
This is a companion case to Cause No. 7325, Realty Trust Company v. L. L. Craddock ( supra, p. 88) this day decided by this Court. The opinion in Cause No. 7325 states the facts and issues of this case, and, in effect, decides the law questions here involved. We therefore make that opinion also the opinion in this case.
For the reasons stated in the opinion in Cause No. 7325, the judgments of the district court and the Court of Civil Appeals are both reversed, and this cause is remanded to the district court for a new trial.
Opinion delivered January 26, 1938.
Rehearing overruled February 23, 1938.