Concord Oil Co. v. Alco Oil and Gas Corp.

ON MOTION FOR REHEARING ■

GRIFFIN, Justice.

The opinion heretofore rendered by this Court is withdrawn and the following substituted therefor:

*636Respondent, Aleo, filed this suit in a district court of Bexar County,. Texas, to recover from Concord the sum of $23,000.00 which Aleo had paid Concord by virtue of a written contract between the parties.

Concord filed a cross action for damages because it alleged Aleo had not carried out the terms of the contract, but had defaulted thereon. Concord contended as a defense to Alco’s suit, that it had performed the contract, except in so far as Aleo had…