
    HEMMAN v. JANSSEN OSTERTAG MFG. CO.
    (No. 813.)
    (Court of Civil Appeals of Texas. El Paso.
    March 14, 1918.
    Rehearing Denied March 28, 1918.)
    Appeal and Error <§=^1161 — Assignment-Confession of Error.
    Where appellant assigns error to the trial court’s failure to file findings of fact and conclusions of law, request therefor having been made by appellant, and appellee confesses error, the assignment will be sustained.
    Appeal from El Paso County Court; E. B. McClintock, Judge.
    Suit by the. Janssen Ostertag Manufacturing Company against Nelson I-Iémman. From a judgment for plaintiff, defendant appeals.
    Reversed and remanded.
    Harrington & Bridgers, of El Paso, for appellant. McKenzie & Loomis and W. E. Loose, all of El Paso, for appellee.
   WALTHALL, J.

This suit was filed by appellee against appellant under allegations that appellant and C. A. Bartels were co-partners and doing business under the trade-name of Now Manufacturing Company, and based its suit upon an account for merchandise sold by it to said company. Appellee recovered judgment on a trial before the court without a jury.

Appellant assigns error to the court’s failure to file findings of facts and conclusions of law, request that such findings and conclusions be filed having been made by appellant. Appellee confesses error in the matter complained of.

The assignment is sustained, and the case is reversed and remanded;  