ON MOTION FOR REHEARING
PER CURIAM.Motion for rehearing is granted. On rehearing, Bryan & Bryan asserts that we should have remanded the cause to the court of appeals for consideration of points presented to that court but upon which the court of appeals did not rule because of its holding that “plaintiff brought the suit on an incorrect theory of law.” Because the unaddressed points of error include an attack on the sufficiency of the evidence which, if sustained, would result in a remand for new trial, we remand the cause to the court of appeals. Stanglin v. Keda Development Corp., 713 S.W.2d 94 (Tex.1986); McKelvy v. Barber, 381 S.W.2d 59 (Tex.1964).
We vacate our judgment of rendition and we remand this cause to the court of appeals for further proceedings consistent with our opinion.