NORVELL, Justice.
While our jurisdiction of this case is predicated upon Article 1728, § 6, Vernon's Ann.Tex.Stats., we granted writ of error because of our tentative opinion that the holding of the Court of Civil Appeals herein was perhaps contrary to the holding of this Court in Winfrey v. Girard Fire & Marine Ins. Co., 120 Tex. 436, 38 S.W.2d 1099, and the holding of the Court of Civil Appeals in Franklin Fire Insurance Co. v. Lindley, Tex.Civ.App., 80...
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