# Farmers' Mill & Elevator Co. v. Hodges

> Court of Appeals of Texas · December 20, 1923 · 248 S.W. 72

URL: https://www.frixlaw.com/law-library/cases/3937516

## Case

- **Full name:** FARMERS’ MILL & ELEVATOR CO. v. HODGES Et Al.
- **Court:** Court of Appeals of Texas
- **Decided:** December 20, 1923
- **Citations:** 248 S.W. 72
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Hall, Klett
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3937516

## Opinion text

On Second Motion for Rehearing.
HALL, O, J. Upon a review of the record our former judgment, reversing and remanding the entire case, is hereby modified, in that the judgment is affirmed as to all of the issues save and except the issue as to the market value of the maize on January
14
and 15, 1921. We have heretofore held that the evidence is not sufficient to establish market value at White Deer, on the above date, and reversed the judgment upon that ground. As to the other issues, the case seems to have been thoroughly developed, and the judgment as to them is supported by ample evi■dence. Rule 62a for the Courts of Civil Appeals provides that, if it appear to this court that the error affects a part only of the matter in controversy, and the issues are sever-able, the judgment shall only be reversed and a new trial ordered as to that part affected by such error. It is therefore ordered that the judgment be reversed and the cause remanded for the purpose of ascertaining the market value upon said date and assessing the damages, if any, accordingly.
Affirmed in part, and reversed and remanded in part.
KLETT, J., not sitting.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3937516. Public record. Not legal advice.