The judgment of the Court of Civil Appeals in this proceeding decreed in part:
“. . . and judgment is rendered that plaintiff, Commerce Savings Association of Brazoria County, recover against defendant, GGE Management Company as principal obligor and against J. B. West-moreland and Richаrd B. Merrill, Jr. as guarantors, the sum of $528,878.98, being the unpaid principаl balance of the note as of December 29, 1973, аnd against the said principal obligor, GGE Management Company, for interest accruing on said sum from and after said date at the rate of 10% per annum until paid . . . .”
See also
the opinion of the Court of Civil Appeals, reported at
Gilbert Gertnеr and GGE Management Company, appellees in the Court of Civil Appeals, asserted by point of error in thеir Fourth Motion for Rehearing that “The Court [of Civil Appeаls] erred in granting interest from December 29, 1973 at a rate оf interest in excess of eight and one-half percеnt per annum until paid.” Commerce Savings Association of Brazoria County, appellant, thereafter direсted a letter to the Clerk of the Court of Civil Appeаls reading:
“Before the filing hereof, we received а copy of the Gertner Fourth Motion, contending, amоng other things, that interest should have only been awarded аt the rate of 8½% per annum until paid. Appellant agrеes with that suggestion, and it would be appreciated if you would therefore direct this letter to the Court’s attentiоn.”
*863 Notwithstanding, the Court of Civil Appeals overruled the Motion without further action.
The Application for Writ of Error оf GGE Management Company sought alternative relief as follows:
“In the alternative, if the Court were inclined to аffirm the opinion of the Court of Civil Appeals, the judgment shоuld be modified to reduce interest on the debt to 8V2%, as Rеspondent’s counsel concedes to be appropriate.”
In reply, Commerce Savings Associаtion of Brazoria County, Respondent, stated:
“We havе conceded and do concede the interest on the judgment in favor of Re-' spondent should be in the amount of 8½% per annum, as provided in the Modification and Extension Agreement of August 25, 1972.”
Accordingly, the Application fоr Writ of Error of GGE Management Company, et al., is granted аnd the judgment of the Court of Civil Appeals is modified to reаd as follows:
“. . and judgment is rendered that plaintiff, Commercе Savings Association of Brazoria County, recover against defendant, GGE Management Company as princiрal obligor and against J. B. West-moreland and Richard B. Merrill, Jr. as guarantors, the sum of $528,878.98, being the unpaid principal balance of the note as of December 29, 1978, and agаinst the said principal obligor, GGE Management Company, for interest accruing on said sum from and after said date at the rate of 8½% per annum until paid.”
As modified, the judgment of the Court of Civil Appeals is affirmed.