CURTISS BROWN, Justice.
This is a bailment case.
On October 6, 1970, appellee Homer T. Kirby (Kirby) loaned his 1969 Buick LeSabre to his brother-in-law Harold Simpson (Simpson). Simpson drove the car to downtown Houston and parked it in appellant's parking lot located at the intersection of Capitol and Smith streets, at approximately 1:00 in the afternoon. When he returned for the car at 8:00 that evening, the attendant had left the lot and the car was missing...
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