Higginbotham-Bartlett Co. v. Powell

Appellant reasserts the errors urged in his brief and insists that this court make specific findings of fact and conclusions of law on certain alleged errors, which it was deemed sufficient to pass on generally in the original opinion. To do this will require a discussion of some principles which we assumed in the original opinion, and can be accomplished more satisfactorily by rewriting the opinion than by writing an opinion on the motion for rehearing ; the original is therefore withdrawn and this will be substituted therefor.

This suit was instituted in the district court of Lubbock county…