On Motion For Rehearing
If Sec. 3 of Article 1108, supra, be not referable to acts in futuro, as the terms “to extend” and “permit” so used in this section would suggest this court does not feel warranted in invoking the provisions of such section to vitiate an implied contract of many years duration which had existed between appellee and appellee’s predecessor in title and appellants and their predecessors in title. Under this record, ap-pellee has engaged in a business enterprise for profit. We are unable to advance any reasons why the same principles which are advanced in above cited cases are inapplicable to the instant record. Appellee’s motion for rehearing is overruled. Appellant’s motion on rehearing for a reversal and rendition is also overruled.