ON MOTIONS FOR REHEARING
Farm Credit and Estelline have each filed a motion for rehearing seeking the reconsideration of the decision of a majority of the participating justices to reverse the summary judgment granted each of them. The motion filed by Estelline is a reiteration of its position on original submission and, considering that it has been fully addressed, a majority of the participating justices overrules the motion.
By its motion, Farm Credit points out that the lead opinion contains the determination that it had not established as a matter of law that its purchase of the vehicle was a first sale, but does not include a determination whether it was a buyer in the ordinary course of business; that the concurring opinion contains the determination that the sale was “not ‘second sale,’ ” but that Farm Credit failed to conclusively establish that it was a buyer in the ordinary course of business; and that the dissenting opinion contains the determinations that its purchase was a first sale, and that it was not evidenced that its purchase was in violation of Bruckner’s ownership rights. Farm Credit interprets the opinions as a majority holding that its purchase was a first sale, but not a majority holding whether it was a purchaser in the ordinary course of business.
With this premise, Farm Credit submits that the record contains conclusive proof that it was indeed a purchaser in the ordinary course of business. Farm Credit’s argument is that, it being undisputed that Module was authorized and had the power to sell Bruckner’s truck to it, the affidavit of Kathy Green, its Transportation Administrator who is cus*85todian of its business records, conclusively proves that it had no knowledge whatsoever that the sale of the truck was in violation of Bruckner’s ownership rights.
Assuming Farm Credit’s premise to be valid, Green’s affidavit must be noticed. The only portion of it which relates to the question of Farm Credit’s purchase in the ordinary course of business is this verbatim statement:
Neither Farm Credit Leasing Services Corporation nor Affiant had or now has any knowledge that the sale to Farm Credit Leasing Services Corporation by Module Truck Sales, Inc., was in violation of any ownership rights of Bruckner Truck Sales, Inc.
However, the affidavit does not qualify as summary judgment evidence to establish that Farm Credit purchased the truck in the ordinary course of business, because it does not, as it must to be competent summary judgment evidence, “set forth such facts as would be admissible in evidence.” Tex.R.Civ.P. 166a(f).
By failing to set forth admissible facts, the statement in the affidavit is nothing more than a legal conclusion, which is insufficient to establish the fact, in support of Farm Credit’s motion for summary judgment, that it was a purchaser of the truck in the ordinary course of business. Mercer v. Daoran Corp., 676 S.W.2d 580, 583 (Tex.1984). Lacking the necessary factual specificity, the affidavit does not surmount the unresolved factual issue whether Farm Credit was without knowledge that the sale to it by Module was in violation of Bruckner’s ownership rights, particularly since that factual issue was expressly presented to the trial court in the form of Module’s acknowledgment of Bruckner’s ownership of the truck, Carlisle’s affidavit, and Westbrook’s deposition, as discussed in the lead opinion, to defeat Farm Credit’s motion for summary judgment. Consequently, a majority of the participating justices concludes that Farm Credit did not establish as a matter of law that it was a buyer of the truck in the ordinary course of business.
Given Farm Credit’s reading of the differing views expressed in the three opinions issued in this cause on original submission, it alternatively objects to the original remand of the cause “in all things” on the theory that a majority of the participating justices concluded the sale of the truck to it was a first sale. Be that as it may, our review of the summary judgment consistent with controlling principles was limited in considering the issues and facts, which may be different upon a trial on the merits, and the determination by the majority that summary judgment was improper does not preclude the parties from asserting other and different positions upon remand. Hudson v. Wakefield, 711 S.W.2d 628, 630-31 (Tex.1986). Accordingly, a majority of the participating justices overrules Farm Credit’s motion for rehearing in its entirety.
DODSON, J., concurs.
BOYD, J., dissents.