J. C. Engelman, Inc. v. Sanders Nursery Co.

On Motion for Rehearings.

Appellant and appellee have each filed a motion for rehearing herein. Appellant urges that we reverse our former holding and render judgment in its favor. Appellee urges that its motion be granted and the judgment of the trial court affirmed. We shall first consider the motion of appellant.

Since the writing of the original opinion the writer has examined appellant’s brief and motion for rehearing on the former appeal of this case, wherein it was defendant in error. In its brief there the first counter proposition urged is in substance that the judgment in its favor…