# Brown v. Shaffer

> Court of Appeals of Texas · January 24, 1935 · 78 S.W.2d 1054

URL: https://www.frixlaw.com/law-library/cases/5006382

## Case

- **Full name:** BROWN v. SHAFFER
- **Court:** Court of Appeals of Texas
- **Decided:** January 24, 1935
- **Citations:** 78 S.W.2d 1054
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Walker
- **Cited by:** 4 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/5006382

## Opinion text

On Rehearing.
On rehearing, appellant assigns error against our conclusions on appellees’ propositions of rescission. In discussing these propositions, it is not our purpose to announce any proposition of substantive law to guide the lower court upon trial of this case; such conclusion, on the assignment of general demurrer, would be mere dicta. All we intended to hold was that, conceding appellees’ theory of rescission, the petition was not subject to the general demurrer. The facts of this case, in so far as they relate to the law of rescission, are to be developed under the rulings of the lower court, without any instructions from us. Appellees have also filed motion for rehearing which has been carefully reviewed by us. Both motions are overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5006382. Public record. Not legal advice.