On Rehearing.
PER CURIAM.In an application for rehearing defendants aver that our decree should have affirmed the judgment of the Court of Appeal, Fourth Circuit, insofar as it held that the ten per cent deposits made by plaintiffs were earnest money and that by virtue of such deposits they were not entitled to specific performance of the contracts involved.
Having duly considered the application for rehearing filed by defendants and finding that it has merit, we do hereby amend our decree to read as follows:
For the reasons assigned, the judgment of the Court of Appeal, Fourth Circuit, is affirmed insofar as it dismisses plaintiffs’ *187main demand for specific performance; said judgment is reversed, annulled, and set aside insofar as it maintains the exception of no cause of action as to the alternative demand for damages, and the case is remanded to the district court for further proceedings consistent with the views herein expressed. Defendants-respondents are to pay all costs incurred in the Court of Appeal and in this Court. Assessment of all other costs is to await the final disposition of the case.