*91On Appellee’s Motion for Rehearing.
The motion is predicated upon the sole •contention that we erred in overruling a motion to dismiss the appeal setting up an alleged settlement of the controversy which rendered the questions in the case moot. The motion to dismiss and the contest thereof presented conflicting affidavits upon the controlling issue whether there had been a settlement for the use of the premises for 1931. The issue of fact thus presented is one to be litigated upon a further trial of the case in the court below, and cannot be determined upon the present appeal.
' The motion is overruled.