Houston Nat. Exch. Bank of Houston v. Sapp

On Motion for Rehearing.

BLAIR, J.

This opinion is on motion for rehearing. Chief Justice KEY having dissented to the majority opinion heretofore written by Mr. Justice JENKINS and concurred in by Mr. Justice BRADY, then a member of this court, and on this motion for rehearing both Chief Justice KEY and Mr. Justice JENKINS adhering to their former opinions, it therefore becomes necessary for the writer to participate in said motion. I do not agree with the majority opinion. I concur in the dissenting opinion.

This case was tried below before the trial judge, without a jury, and, upon request, he…