Chaffin v. Wm. J. Lemp Brewing Co.

On Rehearing.

In their motion for rehearing, appellants say:

“The appellants, and each and both of them, waived and conceded by implication, if not exr pressly, the issues made, as stated by the court, that is whether or not-the Houek-Dieter Company was the agent for the brewing company, and in effect conceded they were not, and no question is or could be presented to this court that would be material in this appeal, as to the agency vel non of the Houck-Dieter Company. Appellants having alleged that the brewing company was engaged in business in other counties in Texas proceeded without…