(dissenting).
I dissent.
The undisputed facts show that upon the date of his death on April 7, 1969, deceased *526was an employee of Chamness T. V. and Appliance Center, a corporation. Quintan Chamness, the president of the corporation, testified that prior to April 7th, he instructed Van Allen Hood to report to work at the farm rather than the store. He further testified that Van did not work at the store on that day because he instructed him to go to the farm; that he went to the farm because he told him to. He testified that he instructed deceased as to his duties on the farm and instructed him to use the tractor; that deceased had worked two days on the farm during the prior week before his death; and that deceased was paid $1.50 per hour out of the corporate funds while working on the farm, the same as he was paid while working at the store. There is nothing in Mr. Chamness’s testimony showing deceased was employed in a dual capacity. He was employed to work in the store. The testimony of Steve Calhoun merely shows that some time after the original contract of employment, he and the deceased consented to do farm work during the Easter holidays. As I view the record, the evidence shows, without dispute, that 'the deceased was temporarily directed to do farm work. Under these circumstances, the Workmen’s Compensation Act specifically provides that he is deemed to be an employee covered by the Act. Therefore, his beneficiaries are entitled to workmen’s compensation benefits. Article 8309, sec. 1, V.A.T.S.; Texas Employers Insurance Association v. Weber, 386 S.W.2d 835 (Tex.Civ.App., Austin, 1965, writ ref., n. r. e.). The jury’s negative answer to the issue inquiring as to whether deceased was employed in a dual capacity means that the jury concluded that the insurance company failed to discharge its burden of proof of proving that he was employed in a dual capacity. In my opinion the evidence was at least sufficient to raise a fact issue. Consequently, the jury’s finding would be binding on this court. I would affirm the judgment.