ON MOTION FOR REHEARING
STEAKLEY, Justice.In her motion for rehearing, Charlotte Craig requests that she be allowed to remit the portion of the judgment awarding exemplary damages, and interest thereon, and prays that the judgment of the trial court be reformed so as to eliminate this recovery and, as so reformed, be affirmed. The motion has not been resisted by any of the parties.
The motion for rehearing is granted. See Texas Employers’ Ins. Ass’n. v. Lightfoot, 139 Tex. 304, 162 S.W.2d 929 (1942). Judgment is now entered as follows:
(a) The judgment heretofore entered by this Court is set aside.
(b) The judgment of the court of civil appeals is reversed.
*99(c) The judgment of the trial court is modified so as to award Charlotte Craig a recovery against H. D. Ogle for actual damages in the amount of $4,724.64, with interest thereon at the rate of 6% per annum from January 1, 1967, and as so modified, the judgment of the trial court is affirmed.
(d) The costs are apportioned three-fourths to be paid by petitioner, H. D. Ogle, and one-fourth to be paid by Charlotte Craig.
DENTON, J., not sitting.