United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
February 12, 1954.
Further Rehearing Denied March 16, 1954.
Attorney(s) appearing for the Case
Thomas H. Fisher, Chicago, Ill., Carl Wright Johnson, San Antonio, Tex., for appellant.
Lucian L. Morrison, John H. Dittmar, P. H. Swearingen, L. M. Bickett, San Antonio, Tex., M. D. Kirk, James C. Denton, Jr., Tulsa, Okl., for appellees.
Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.
United States Court of Appeals Fifth Circuit.
HOLMES, Circuit Judge.
"The Court rests its entire decision upon a single erroneous finding of fact (p. 3):"`The contract of 1941 between the appellant and appellee Murchison was executed and delivered in Texas.'"This statement as to delivery in Texas is erroneous, and it is impossible to understand how the Court fell into this crucial error."There is not one single word in the Defendants' affidavits stating that the conveyance of...
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