American Exchange Nat. Bank of Dallas v. Keeley

'On Appellee’s Motion for Rehearing.

From this motion it is made to appear that the trial court, in instructing the jury to return a verdict in favor of appellee, was actuated by the theory on which the case was presented, not so much by appellee’s petition as by the way appellant’s defense thereto shaped and made prominent the theory that appellee’s case, as developed, rested entirely on the following allegations of his petition:

“That thereafter on October 15, 1925, and after the last said note heretofore mentioned became due, and after payment of same had been demanded by the Houston…