ON Application for Rehearing.
Breaux, J.After a re-examination of this case we affirm our decree heretofore handed down, except that instead of rejecting plaintiff’s demand we amend the judgment of both courts by dismissing plaintiff’s action as in case of non-suit.
It is accordingly so ordered.
The costs of appeal to be paid by appellee, as required by Art. 908 of the Code of Practice, whenever a judgment is amended on appeal.