Shipley v. Southwestern Investment Co.

ON MOTION FOR REHEARING

CHAPMAN, Justice.

Upon motion for rehearing I have concluded the original unanimous opinion announced herein by our court on March 22, 1965, was erroneous and use this means to express my disagreement with that opinion.

The instrument sued upon herein and sought to be enforced is what is designated in the record as a Dealer’s Protection Agreement between appellant, B. F. Ship-ley d/b/a Shipley Motor Company of Terry County, and Southwestern Investment Company, and for the former’s agreement to protect the latter upon all evidences of debts the motor company proposed to…