Crumley v. Gile

On Motion for Rehearing.

The main ground for this motion is that we erred in rendering the judgment in this cause instead of remanding it, because appellee will be able on another trial to make out his case independent of the objectionable letter, and for that reason the cause should be remanded for another trial, as the cause was not fully developed. Leal v. Moglia (Tex. Civ. App.) 192 S. W. 1121; Fort Worth & R. G. Ry. Co. v. Fleming (Tex. Civ. App.) 212 S. W. 233.

The judgment of this court in rendering the judgment instead of remanding it was based upon the supposition that the case had…