On Motion for Rehearing.
Appellant has filed a very interesting motion for rehearing in this case, consisting of what we deem an argument to support his contention that we erroneously affirmed the judgment of the trial court. No specific assignments of error are made, however, and we are not convinced by the argument that our conclusions are wrong.
In our original opinion we said: “Mr. Watson, manager of appellant, was not asked [while testifying as a witness] if the statements made by appellee in regard to the guarantee took place.” Our attention is called to a part of the evidence which may properly be construed to mean that we were in error in the statement used, and gladly make the correction, for the sake of clarity.
Even though Watson did deny making the guaranty that appellee would receive the title and registration papers to the car, this would produce no more than a conflict between the evidence of the two parties. The court, hearing the evidence in lieu of a jury, gave credence to the contention of appellee. In such circumstances we would not be at liberty to substitute our own construction of the evidence for that of the trial court, and the result would be the same, insofar as the judgment is concerned.
We believe our original opinion prop- , erly announces the law applicable to this case, and the motion is overruled.