On Motion for Rehearing.
On motion for rehearing the ap-pellee points out that appellant waived any right he might have had to contend that his operation of the hospital was a charitable enterprise since it was never raised in his pleadings. We concur with appellee. The matter dwelt upon in the latter part of the opinion would be of no benefit to appellant for he did not plead affirmatively in connection with such a defense. We therefore abandon it as a premise for reversing the case.
We nevertheless adhere to our reasons for reversing the case on other grounds. The motion for rehearing is overruled.