On Motion for Rehearing.
In the original disposition of the appeal it was ordered that the judgment in favor of appellee be reversed and judgment here rendered in favor of appellants. -Upon reconsideration, we have reached the conclusion that we erred- in here rendering judgment. The contract on which the suit is based is still existing, so far as the record shows, and we cannot say that conditions may not so change as to authorize a renewal of the litigation, if this action is dismissed, or further prosecution, if it is not dismissed. Ap-pellee has not asked for this revision of our former judgment, so the order is made upon our own motion.
Our former judgment will be set aside, and it is now ordered in lieu thereof that the judgment of the court below be reversed, and the cause remanded, for such further proceedings as may be had, consistent with the opinion herein.