MOTION FOR REHEARING
In his motion for rehearing, Seller reasserts his points of error and specifically contends that our opinion fails to fairly and fully address his arguments. In particular, he urges that we did not consider his argument that the seeking and securing of a judgment for attorneys’ fees was such an invocation of inconsistent substantive right, election of remedy and such a waiver of inconsistent remedy that Buyer had made a conclusive choice to treat the contract in question as continuing.
To the contrary, in our consideration of appellant’s detailed analysis of the theories supporting his position, we gave full attention to that portion of the argument concerning the pleading and award of attorneys’ fees. We concluded then and, after reconsideration of all points as requested by him, still conclude the arguments are unavailing for the reasons set out in our opinion.
The motion for rehearing is overruled.