Smith v. Mills

On Petition for Rehearing.

Hackney, J.

— Counsel for appellant has presented an able argument in support of the petition for a rehearing, urging that we were in error in holding that Mrs. Smith occupied the relation of vendee to Mills & Small, when they had paid no part of the purchase-price to Allender, and when, as claimed for her, they held no equity in the property at the time it was conveyed by Allender to her. It was not our purpose, as supposed by counsel, to place our holding upon the ground that Mills & Small could have enforced specific performance, under their contract with Allender,…