In the absence of assignments of error pertaining to them, the questions which Appellant attempts to raise in its 7, 8 and 9 points are not before us on this appeal. Rule 321 and 374, Texas Rules of Civil Procedure; Farmer v. Dodson, (Tex.Civ.App.) 1959, 326 S.W.2d 57, no writ history; Smith v. Shuler, (Tex.Civ.App.) 1953, 258 S.W.2d 158, no writ history; Buss v. Shepherd, (Tex.Civ.App.) 1951, 240 S.W.2d 382, no writ history; Adams v. State Board of Insurance, (Tex.Civ.App.) 319 S.W.2d 750, writ refused, n. r. e.; Ramsey v. Dunlop, 146 Tex. 196, 205 S.W.2d 979; Dial Temp Air Conditioning Company v. Faulhaber (Tex.Civ.App.) 1960, 340 S.W.2d 82, writ refused, n. r. e.; Reynolds v. Page 220
Points of error not germane to any of the grounds of error specified in motions for new trial are considered waived. 3 Tex.Jur.2d para. 191, page 465; 4 Tex.Jur.2d, para. 658, pages 166-167; Buss v. Shepherd, Tex.Civ.App., 240 S.W.2d 382; Dyche v. Simmons, Tex.Civ.App., 264 S.W.2d 208. Accordingly, we are of the opinion that appellants' points one and two, not being germane to any assignment of error contained in their motion for new trial, must be considered as waived.
While it has been held that merely evidentiary facts may sometimes be grouped together in one issue, it has long been held that each ultimate issue must be separately submitted if objection is made by either party to a duplicitous or multifarious submission. In addition to the authorities submitted in our original opinion we call attention to the following: Thompson v. Robbins, 157 Tex. 463, 304 S.W.2d 111 (Syl. 6); Buss v. Shepherd, Tex.Civ.App., 240 S.W.2d 382 (Syl. 6); Theobalt v. Wiemann, Tex.Civ.App., 104 S.W.2d 589 (Syl. 3); France, et ux. v. Graves, Tex.Civ.App., 48 S.W.2d 438; Stinnett, et al. v. Paramount-Famous Lasky Corp. of N.Y. et al., Tex.Com.App., 37 S.W.2d 145; Lumbermen's Reciprocal Ass'n v. Wilmoth, Tex.Com.App., 12 S.W.2d 972 (Syl. 4). In the case of Abrams v. Bradshaw, Tex.Civ.App., 2 S.W.2d 917, Judge Vaughan, who earlier wrote the opinion in Rick v. Farrell, supra, stated that special issues shall be submitted distinctly and separately, and answered separately.