41 S.W.2d 33 | Tex. Comm'n App. | 1931
The defendant in error has filed its motion for a rehearing in this case, and, among other things, stated that*we erred in holding that
Having erroneously recommended to the Supreme Court that the judgment of the Court of Civil Appeals be reversed and that of the district court affirmed, we now recommend that the motion for rehearing be granted and that judgment heretofore entered herein be set aside, and that the judgment of the Court of Civil Appeals, 22 S.W.(2d) 346, reversing the judgment of the district court and remanding the case for another trial, be affirmed.
Motion for rehearing granted, previous judgment set aside, and the judgment of the Court of Civil Appeals affirmed, as recommended by the Commission of Appeals.