Coleman v. Ammons

In- our memorandum original opinion, per curiam, in which all members were in accord, we reversed the judgment of the trial court and rendered judgment against appellees, plaintiffs in the court below, that they take nothing by their suit. On motion for rehearing, without any new grounds urged, dissension having arisen among members of this Court, we deemed it advisable to withdraw the original opinion per curiam and set aside the judgment based thereon, and write anew more extensively on the issues involved.

The primary controlling issues are whether the plaintiffs alleged and the evidence…