On Motion for Rehearing.
It was said in the concluding paragraph of the original opinion that: “If plaintiffs in error wanted to adopt and accept the benefits of the memorandum agreement, they could have done so by pleading in this suit or by separate action. But they cannot do so after judgment below and on appeal here.”
The closing sentence is deemed more restrictive of plaintiffs in error’s remedies than was intended, and has been amended to read: “But they cannot do so, in this action, after judgment below, and on appeal here.” With that correction in the original opinion, plaintiffs in error’s motion for rehearing is overruled.