Scurlock Oil Company, Petitioner v. Maria C. Smithwick

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded for a new trial, holding that the admission of the Dove‑Scurlock "Mary Carter" agreement was erroneous, that Scurlock did not waive the error, and that the error was harmful. The Court also overruled Texas Trunk R. Co. v. Jackson, adopting the Restatement rule that a judgment is final for issue preclusion even while on appeal, and affirmed the trial court’s peremptory‑challenge allocation.