GRAY, Justice.
This is the second appeal of this case, the first appeal being reported in Smith v. Pacific Fire Insurance Co., Tex.Civ.App., 178 S.W.2d 170. Pepsi-Cola Co., one of the defendants, was eliminated from the case in said first appeal.
In this appeal, the Statement of Facts tendered by appellant is not agreed to by appellee or his counsel, nor was it approved by the trial court in compliance with Rule 377(d), Rules of Civil Procedure. It cannot, therefore, be considered.
In its brief, appellant complained of an instructed verdict by the trial court in favor of appellee, but in the absence of a properly authenticated statement of facts, we are unable to pass upon same. Jaeger v. Cullen, Tex.Civ.App., 183 S.W.2d 584.
The judgment is affirmed.