On Rehearing.
The original opinion was devoted largely to the insufficiency of the evidence to support the issue of damages as submitted by the court to the jury. By that it was not meant to hold that the correct measure of damages was submitted to the jury, but, on the contrary, we think the measure of damages as submitted was different to the one pleaded and proved. Appellee pleaded as his measure of damages the reasonable rental value of the tools during the period of detention. His proof followed in the main his allegation, but the issue submitted by the court to the jury was not the reasonable rental value but the damages suffered by appellee by reason of being deprived of the use of the tools during that period. We think that that measure of damage not only was without sufficient support in the evidence, as pointed out in the original opinion, but also that it was a measure of damage which was not pleaded.
The motion for rehearing, has been duly considered, and will be overruled.