Smith v. Pierce Petroleum Corp. (53 S.W.2d 780, 1932)

LEDDY, J.

The agreed statement of facts upon which this case was tried raises the same legal questions decided by us in the case of Allen Smith et al. v. Texas Oo., this day decided, 53 S.W. (2d) 774, not yet reported [in State reports].

The conclusions announced in the above case sustain the judgment of the Court of • Civil Appeals [38 S.W.(2d) 141] in rendering judgment in favor of defendant in error for the full amount of its claim. That portion of the judgment of the Court of Civil Appeals, however, which awards defendant in error $250 as reasonable attorney’s fees is erroneous for the reasons fully set forth in the above case.

We therefore recommend that the judgment of the Court of Civil Appeals [42 S.W. (2d) 88] awarding defendant in error $250 attorney’s fees be reversed and remanded to the trial court, with instructions to award defendant in error what may be determined to be a reasonable attorney’s fee under the facts presented. In all other respects the judgment of the -Court of Civil Appeals should be affirmed.

CURETON, C. J.

The judgment of the Court of Civil Appeals is in part affirmed and in part reversed, and cause remanded, as recommended by the Commission of Appeals.