This cause was heard on the transcripts of the record of the court below, and having inspected the record, the Court holds there was no error in the judgment requiring reversal, but there was error in the judgment as entered, which is capable of reformation by this Court. Therefore, the judgment is MODIFIED , to delete the portion of the judgment that requires appellant to pay attorney’s fees.

The Court orders the judgment AFFIRMED as MODIFIED .

We further order this decision certified below for observance.