Bryant v. McMurrey

On Motion for Rehearing

From the oral arguments made upon the original submission of this cause we erroneously concluded that all the items of the taxes mentioned in our original opinion involved the year 1942 and prior years. We adhere to our former conclusions as to the construction of the contract. But upon a further examination of the record with respect to the deficiency assessment of $4,-795.23 made in 1947, we ara of the opinion that a question of fact is presented as to whether this deficiency assessment involved 1942 or 1943 or a part of same accrued for each year.

For the reason stated, appellee’s motion for rehearing is granted in part; our former decree wherein the decree was re*253versed and judgment rendered for appellants is set aside, and the judgment is now reversed and the cause remanded.

Original decree set aside, and judgment is reversed and cause remanded for another trial.