Hays-Sammons Hardware Co. v. Saner

On Motion for Rehearing.

It is quite clear that in the trial of this cause in the district court all the facts were fully developed, including the issue of the proper amount for the judgment, to wit, $1,-277.50, together with 6 per cent, interest per annum from September 1, 1924.

It further was established that an attachment was sued out, issued, and levied upon the land of the owners of the ranch to secure the claim.

The evidence disclosed that J. M. Saner was a disclosed agent but he did not appeal, so that would be no reason for this court to render any judgment against him, and the motion of appellee is overruled.

As this case comes within the rule provided by article 1856, R. S., and the testimony was fully developed, we see no reason to remand this case; therefore we set aside our former order remanding said cause and here now reverse the judgment of the trial court and render judgment in favor of appellant against appellee for the sum of $1,277.50, together with interest thereon from September 1, 1924, at the rate of 6 per cent, pier annum, and for foreclosure of the attachment lien upon the property described, and that it be advertised and sold at public outcry and the proceeds applied in accordance with the terms of the law.

Reversed and rendered.