Valley Box & Crate Factory, Inc. v. Acker

On Motion for Rehearing.

As the majority of the judges do not agree to an affirmance, but insist upon a reversal of the judgment, I am willing to concur, though I have not altogether changed my views.

Upon the effect of the statute, I gave this question careful consideration and wrote the opinion in Q. Flores & Son v. First State Bank of Mission, 266 S. W. 542. My - associates think that case is authority for the reversal of this case. I do not. It will be observed that there is a shade of difference in the two cases'.

In the Flores Case supra, one day before the court adjourned and three days…