Eastland Building & Loan Ass'n v. Eastland County Lumber Co.

On Rehearing.

LESLIE, J.

At a former day of this term the judgment of the trial court in this cause was affirmed. On motion for rehearing we have concluded that the judgment is erroneous and that it should be reversed and remanded for a new trial for the following reasons:

Omitting formal parts and portions of the pleadings not essential to the point under consideration, it will be observed that the plaintiff’s suit is upon an unconditional promise alleged to have been made by the loan association to the lumber company for the purchase of a note amounting to $2,700 and secured by a mechanics’…