On Motion for Rehearing
We are cognizant of the rule mentioned by appellant in its motion for rehearing, that a reviewing court will not permit a judgment to stand when a defendant is denied the right to a separate submission of a vital defense issue, even though it cannot be said under Rule 434, Texas Rules of Civil Procedure, that error in refusing to submit such issue probably resulted in the rendition of an improper judgment. In such case harm will be presumed. Texas & Pac. Ry. Co. v. Van Zandt, Tex.Sup. 1958, 159 Tex. 178, 317 S.W.2d 528. In the last paragraph of our opinion, we did not mean to say or hold anything contrary to such rule. We have reviewed appellant’s requested Issues F to M, inclusive, and reaffirm that such issues were either not raised by any evidence or were adequately covered by the issues submitted by the trial court.
Motion for rehearing overruled.