Avery v. Llano Cotton Seed Oil Mill Ass'n

On Motion for Rehearing.

In our original opinion in the discussion of the assignment to the admission in evidence over appellants’ objection of “the books kept by plaintiff, including the original scales tickets and itemized accounts and statements taken therefrom,” we said that the bill of exceptions to that action of the court in no manner identifies the evidence so admitted. Upon further examination of the bill, we find that the account so admitted was identified as the account sued on. To that extent the statement in the original opinion was incorrect, but in all other respects the statement was correct, in that the bill does not identify what is termed the “original scales tickets,” not even by a reference to the statement of facts.

Complaint is made further that while the record shows that appellants introduced in evidence defendant’s second amended original petition, to which the plaintiff’s account had formerly been attached as an exhibit, it further shows that the exhibit itself was introduced in evidence by the plaintiff. ■ A further examination of the record sustains that contention, and our original opinion is, accordingly, corrected in that respect. But aside from the corrections made we are of the opinion that the assignment of error to the admission of the documents mentioned was properly overruled for other sufficient reasons given in the original opinion.

We are of the opinion further that our findings of fact already made sufficiently cover the issues upon which appellants request further findings.

With the foregoing corrections, the motion for rehearing is overruled.