Harrison-Daniels Co. v. Aughtry

On Rehearing.

Both appellant and appellee have filed motions for rehearing.

A part of the trial court’s judgment was for the rental value of the real property *883in question. Appellant has pointed out that this part of the judgment was for $2,000 “less amount of insurance and taxes in the sum of $323.61”. Appellant had paid the insurance and taxes for the year 1956, and we believe the amount paid was properly credited by the trial court in favor of appellant.

Appellant’s motion for rehearing is sustained to the extent that the trial court’s judgment is affirmed in the amount of $2,-000 “less amount of insurance and taxes in the sum of $323.61”. — in other words, the judgment is affirmed for $1,676.39. In all other respects our judgment on appeal will remain unchanged.

Appellee’s motion for rehearing is overruled.