Ellis v. Emil Blum Co.

On Motion for Rehearing.

Among other things pressed by counsel in the motion for rehearing , is that we ignored the- cited case of Freeman v. Port Arthur Rice & Irrigation Co. (Tex. Civ. App.) 188 S. W. 444, which is claimed to be “on all fours” with the instant ease, and that we “should have distinguished the ease, repudiated it, or given our reasons therefor,” and now prays us to correct our opinion in this respect. We neither cited nor commented upon it, because a glance at the opinion will demonstrate its distinguishing features.

In the cited ease Mr. Justice Brooke discusses a number of…