On Motion for Rehearing.
It is urged that this cause be reversed and remanded, instead of being affirmed, to permit on another trial amended pleadings and additional evidence in support thereof. An appellate court will not reverse a judgment of the trial court in order to give the losing party in the trial court an opportunity to make a better case by evidence, no reversible error being shown, for otherwise to adopt such a rule would prevent the termination of litigation by appellate courts. 3 Tex.Jur., p. 1143, § 804, and authorities there cited.
The motion is overruled.