O'NEIL v. MACK TRUCKS, INC.

No. B-5869.

542 S.W.2d 112 (1976)

Truman O'NEIL, Individually and d/b/a Mesa Mack Sales, Petitioners, v. MACK TRUCKS, INC., and Mack Financial Corporation, Respondents.

Supreme Court of Texas.

Rehearing Denied November 10, 1976.


Attorney(s) appearing for the Case

Clark, Thomas, Winters & Shapiro, Barry Bishop and Donald S. Thomas, Jr., Austin, W. Dean Hester, El Paso, for petitioners.

Stubbeman, McRae, Sealy, Laughlin & Browder, Harrell Feldt and David K. Brooks, Midland, for respondents.


STEAKLEY, Justice.

We granted writ of error in this case to settle the question of whether the Court of Civil Appeals may consider an appellant's argument that his contention has been established conclusively and as a matter of law when the point of error presenting an issue upon which the appellant had the burden of proof is phrased in terms of there being no evidence to support a contrary finding by the trial court. The Court of Civil Appeals here held that it may...

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