On Motion for Rehearing.
We have carefully examined appellees’ motion for rehearing and fail to find anything therein which would justify a change in the disposition of the case heretofore made. However, said motion calls our attention to a bit of evidence which we apparently overlooked, and which, if given its proper effect, would probably render inaccurate the statement contained in our original opinion that the evidence failed to show that the letter written by defendant’s counsel, after the filing of this suit, to Crouch & Son, at Lafayette, Ind., had been mailed. There was testimony to. the effect that this letter, written by counsel for defendants, had been handed to a boy in the office of counsel with instruction to register it, and that a fee for registration had been given the boy for said purpose. The boy was not a witness in the case, and no one testified that the boy actually mailed the letter. But it appears that defendants’ counsel testified that he had received the return registry receipt of such letter, though he had misplaced it in his office, probably by reason of his having moved his office since writing the letter. This evidence, we think, would make a prima facie showing that the letter had in fact been received by Crouch & Son, and our statement or suggestion that there was a lack of evidence to establish the mailing of the letter is withdrawn. However, since this letter was written subsequent to the filing of the suit, and subsequent to the date of return of the horse stipulated in the contract, the mailing of the letter by defendants’ counsel containing the notice did not affect the rights of the parties under such contract, nor would it impair any rights of appellants, or of Crouch & Son, which had theretofore become fixed.
The motion for rehearing is overruled.