On Motion for Rehearing.
Appellants, in their motion for a rehearing, call our attention to the fact that the following statement, contained in our opinion, to wit, “Furthermore, it was shown that no juror was influenced by these remarks of the foreman,” is not supported by the evidence. We acknowledge this error and such statement is withdrawn, but we adhere to our holding that the statement made by the foreman did not amount to misconduct of the jury requiring a reversal.
Appellants also complain because we did not directly pass upon several of their assignments of error. We will here do so.
Appellants’ fifth assignment of error presents the contention that the court should have first asked if the contract was terminated before asking whether or not it was terminated before a purchaser was secured by appellants. This assignment presents no error. The undisputed evidence shows that the contract was terminated, the only important inquiry being whether or not this occurred before a purchaser was secured.
The effect of appellants’ sixth and seventh assignments of error is to complain because the court placed the burden of proof upon appellee to show from a preponderance of the evidence that the contract of listing had been terminated before a purchaser was secured by appellants. If this was error, it was error inuring to the benefit of appellants. Certainly, appellants, could have gained no benefit by having the burden shifted to them of establishing the negative of this matter.
By their eighth assignment appellants complain of not being permitted to ask appellee a certain question and have his answer given thereto, the substance of which is, if appellee had not since sold the land at $10 per acre; appellee having given as his reason for canceling the listing contract that the price of livestock, wool, and mohair had advanced in the spring of 1933. There is no contention that appel-lee had sold his land to a purchaser secured by appellants. The extent of cross-examination is, to a large degree, addressed to the sound discretion of the trial judge, and there was no abuse of this discretion on his part in not permitting an inquiry as to what had been done with the land after all relations between appellants and ap-pellee had unquestionably been terminated.
Appellants’ tenth assignment of error is as follows: “The court erred in refusing to grant plaintiffs’ motion for new trial as asked for in paragraph No. 1, of their motion for new trial, and in receiving a verdict and entering a judgment thereon, neither of which were supported by the evidence, but both were contrary to the evidence.”
*531This assignment is entirely too general to require consideration by this'Court, but, nevertheless, we find ample evidence supporting the finding of the jury, and this assignment is overruled.
Appellants’ motion for a rehearing will be in all things overruled.