On Motion for a Rehearing.
[2] Having considered the question again, we are of opinion the court below did not err when he construed the contract as requiring appellant, if it desired to become a purchaser with appellees of the goods, to notify them of the fact before noon of October 3, 1910. The testimony being undisputed that appellant did not so notify appellees, we are further of the opinion that the judgment of the court below denying appellant a recovery as sought by it was not erroneous. It follows that we think the action of this court in setting aside the judgment of the court below was erroneous. Therefore the motion for a rehearing will be granted, the judgment heretofore rendered by us will be set aside, and the judgment of the court below will be affirmed.