On Motion for Rehearing.
Both parties attack in motions for rehearing our findings and judgment in favor of appellee for the $70.75 for premiums paid by said appellee after he reached the age of 80 years. We find upon reexamination of the record that only in the event appellee recovered the full amount of his old age annuities would he be entitled to recover such premiums as improperly paid. Having denied him such recovery, it follows that he could recover such premiums only upon cancellation of his certificate in toto at 80 years of age. Neither he nor the insurer undertook to do this. Hence, our judgment in this respect was error. Said motions are therefore granted to this extent, and our judgment heretofore entered in favor of appellee for said $70.-75 is set aside, and judgment rendered that appellee take nothing against appellant by his suit herein. In all other respects our original opinion herein is in all things adhered to, and said motion of appellee is in all other respects overruled.
Motion granted in part, and in part overruled.