Busby v. Michael

On Rehearing.

SUTTON, Justice.

As disclosed in the original opinion in this case, the court, at the conclusion of all the testimony, instructed a verdict for the defendant. The instruction of the verdict and the rendition of the judgment are based upon the court’s construction of the written contract copied in full in the original opinion. He construed it to be a contract for the sale of lands, and therefore not subject to oral modifications. The correctness or otherwise of the court’s construction of the contract and the instruction of the verdict is the sole question to be determined on this…