White v. Homecraft Spread Co.

ON MOTION ROE REHEARING.

Broyles, C. J.

It is stated that this court in its decision “overlooked the material fact that ‘the president and manager of the company and its treasurer/ did not testify ‘that for a year or longer they had been unable to locate White/ nor did they testify that White had absconded in the sense that he had been absconding for a period of a year or more, but A. E. McDaniel Jr. [the president of the company] did testify that ‘I sued out this attachment on the ground that the defendant absconds.’” The evidence shows that the goods sold by the company to the defendant were…