On Motion for Rehearing.
In a motion for rehearing the appellant asserts that we erred in only remanding this cause to the trial court and insists that we render final judgment in its favor. From what we have said in our original opinion it is apparent that this case was not fully developed in the trial court, and further, it is such a case that justice will probably be better subserved if we merely remand the cause rather than render judgment for the appellant. Under the authority of Kennedy et al. v. American Nat. Ins. Co., 130 Tex. 155, 107 S.W.2d 364, 112 A.L.R. 916, and the authorities therein cited, we think appellant’s motion should be overruled.
Motion overruled.