OPINION ON APPELLANTS’ MOTION FOR REHEARING
In discussing appellants’ eighth and ninth points of error in our original opinion, we stated that failure of consideration was not pled. While the issue is not crucial to the disposition of these points, what we intended to say was that failure of consideration was not properly pled since such pleading was not verified by affidavit as required by Tex.R.Civ.P. 93(j).
Appellants further contend we were in error in assessing the costs of this appeal against them. We agree. We apply the provisions of Tex.R.Civ.P. 139 which provide “When a case is appealed, if the judgment of the higher court be against the appellant, but for less amount than the original judgment, such party shall recover the costs of the higher court but shall be adjudged to pay the costs of the court below .... ” Accordingly, costs of this appeal are adjudged against appellee.
Appellants’ motion for rehearing is overruled.