On Motion for Rehearing
Appellant in his motion for rehearing points out that our opinion states the case was tried before the court without a jury whereas actually trial was to a jury but at the end of the testimony it was *406agreed there was no fact issue to be submitted to the jury and the jury was discharged and the matter decided by the court. We understood the record to show this. We were and are of the view that under the facts of this case this is the legal equivalent of a trial before the court without a jury.
Motion for rehearing overruled.