Cage v. F. P. Eastburn Co.

On Motions, for Rehearing.

Upon consideration of appellants’ motion for rehearing and a re-examination of the record, we have reached the conclusion that the evidence conclusively shows that neither 'Mrs. Baldwin nor the appellants under their contract of purchase and sale contemplated the purchase of less than the entire tract of land, and neither of them were willing to consummate the contract for only Mrs. Cage’s interest in the land.

Upon this state of facts the only ground upon which a portion of the judgment was remanded for a new trial by our main opinion is untenable, and appellants’…