Kelly v. Wright

Mr. Judge Foley

of the Commission of Appeals delivered the opinion for the Court.

On the original submission of this cause we affirmed the judgment of the court of civil appeals which in turn affirmed that of the trial court. The cause is now before us upon motion for rehearing. In disposing of such motion, although adhering to our former judgment, we desire to rewrite the former opinion, and we order the following substituted therefor.

This suit was filed in the district court of Wichita county by the petitioners, Kork Kelly and wife, Alliene Kelly, against respondents, Ruth E. Wright and the…