• On Motion for Rehearing.
Appellant has filed motion herein for rehearing, asking that we reverse and render judgment in this case, instead of remanding the same.
[5] As stated in our opinion herein, the contract sued on is illegal upon its face, and the general demurrer to the same should have been sustained. In that event, however, appellee could have amended his petition, and alleged fraud, accident, or mistake; and we cannot say that he would not have done so, if the general demurrer had been sustained.
Upon another trial of this cause, if the pleadings are the same as they now are, the court should sustain appellant’s demurrer to appellee’s petition, and if the same is not amended, alleging fraud, accident, or mistake, the case should be dismissed.
Motion overruled.