Grogan v. Spaulding

On Appellees’ Motion for Rehearing.

The opinion rendered on appellant’s motion for rehearing, wherein the judgment of the lower court was reversed and judgment rendered for appellant for the sum of $50, is withdrawn and all assignments overruled, and the judgment of the lower court in all things affirmed. We make this order in view of the fact, called to our attention in appel-lees’ motion for a rehearing, that the pleadings of appellant filed in the county court of Taylor county in the suit of Spaulding Bros., did put in issue the $50 constituting the advance payment on the automobile in question, and for the reasons given in our original opinion the judgment in that case is therefore conclusive as to this item also.

Appellees’ motion for rehearing granted, and the judgment of the district court is affirmed.