On Appellant’s Motion for Rehearing.
Appellant says that in holding he was not entitled to rescind the contract we are in conflict with the decision in Thompson v. Duncan, Tex.Com.App., 44 S.W.2d 904.
This cannot be correct for the reason that the case cited did not involve rescission, the court stating that the action was “not one for a rescission of the contract, but rather for dissolution and accounting.”
Also, our decision was based upon laches, waiver and other matters not present in the case cited.
The motion is overruled.
Overruled.