Englebrecht v. W. D. Brannan & Sons, Inc.

ON MOTION FOR REHEARING

REYNOLDS, Justice.

In his motion for rehearing, appellant Englebrecht challenges the holding that the custom he relied on as an absolute defense was not established as a matter of law. The holding was responsive to, and should have been more explicit in answering, En-glebrecht’s first three points of error contention that appellee W. D. Brannan & Sons, Inc., introduced binding evidence legally proving the existence in Sherman County of the custom that the aerial applicator was not entitled to payment if the aerial application did not kill the weeds. The evidence…