A. J. Rife Construction Co. v. Brans

On Rehearing.

McCord and Guthrie assert in their motion for rehearing certain errors in our disposition of this appeal, correctly stating that the record shows (in addition to other matters) there was no proper attack on the assignment by Morris Masonry Company to McCord and Guthrie, Attorneys; and that there was in the record testimony of an oral .assignment to them prior to the four-months period between-the bankruptcy proceeding here was filed and therefore the written assignment supplemented such oral assignment and that therefore the assignment to them was in fact not within the four-months period before bankruptcy and therefore valid. We must sustain the motion and modify our former order in so far as we reversed the judgment as to Guthrie and McCord and here now render judgment in favor of Robert Lee Guthrie and David C. McCord, Attorneys, for the amounts due under the assignment; otherwise the motion for rehearing is overruled.