Cameron County Water Improvement Dist. No. 1 v. Cameron County Water Improvement Dist. No. 15 (134 S.W.2d 491, 1939)

MURRAY, Justice.

Appellant, Cameron County Water Improvement District Number One (hereinafter referred to as District One) filed this suit in the District Court of Cameron County, some time early in the year 1939, against Cameron County Water Improvement District Number Fifteen (hereinafter referred to as District Fifteen), Lee M. Green, the Slavonic Benevolent- Order of the State of Texas, and C. H. Chernosky seeking to cancel a water contract entered into between District One and District Fifteen, on August 3, 1937, and in the alternative for damages in the sum of $50,-000. District One'alleged that the contract was without consideration and that its execution on the part of District One' was procured by means of duress. :

The trial was to the court, without the intervention of a jury, ‘ and resulted in a judgment that District One take nothing, from which judgment District One has prosecuted this appeal.

Appellant first complains because its motion for a continuance or, in the alternative, to take the deposition of the witness Mrs. Shannon Newma'n -was ' overruled. It appears that when this ■ cause was called for trial on June 7, 1939, all parties announced ready/fori trial ánd- that thereafter District One discovered the absence of the witness'Mrs. Shannon. New-