Rodar Leasing Corp. of Colorado v. Wholesome Dairy Inc.

FRASER, Chief Justice.

On April 9, 1969 this court rendered an opinion reversing the holdings of the lower court in the above entitled and numbered cause. On April 24, 1969 the appellee filed a motion for rehearing. We have considered this motion and have determined that it has merit. Therefore the aforesaid motion for rehearing is granted, our original opinion withdrawn, and the following opinion substituted in its place.

OPINION

As stated in appellant’s brief, on December 10, 1965, appellant, as plaintiff, filed its petition in the District Court of El Paso County, Texas, against the…