Corzelius v. Oliver

ON MOTIONS FOR REHEARING.

Petitioner contends in his motion for rehearing that instead of remanding the cause to the District Court we should remand it to the Court of Civil Appeals so that the Court of Civil Appeals can pass upon the sufficiency of the evidence to sustain the finding of the jury, in response to Special Issue No. 6, in substance that the petitioner would have made an actual tender of the consideration required by the agreement except for the repudiation of the agreement by Mrs. Oliver. We have concluded that the petitioner’s motion should be granted.

The opinion of the majority…