Express Publ'g. Co. v. Gonzalez

In Express Publ'g. Co. v. Gonzalez, 350 S.W.2d 589, 592 (Tex. Civ. App.--Eastland 1961, writ ref'd n.r.e.), a newspaper reported that an appeals court had ruled against Gonzalez in a suit for fraud against him and a another defendant. Although each statement in the article was literally true, the article did not mention that the plaintiffs had dismissed Gonzalez from the suit before trial and that the court of appeals rendered judgment against him only because he had agreed to act as a surety for the co-defendant's costs. See Gonzalez, 350 S.W.2d at 590-91. As in Golden Bear, the court held that the article was actionable, reasoning that an article is not true if the reader receives an untrue impression by omission of material facts. See Gonzalez, 350 S.W.2d at 592.