Sabine Motor Co. v. W. C. English Auto Co.

On Motion for Rehearing.

Appellant objects to the statement in our opinion “that no time has appellant ever of-, fered to pay or in any manner discharge the mortgage liens on said cars.” It says that “there appears no evidence or finding in the lower court which raises this issue or sustains the statement.” It is true that the record contains no positive evidence to that effect; but the record, both as to the pleadings of appellant and the evidence, is entirely silent as to appellant ever having made any such offer of payment, and the court was of the opinion that in the absence of either pleading or proof that such offer was *230made, it was justly and legally deducible that it was undisputed that same was not ¡made.

With this explanation, the motion is overruled.