On Motion for Rehearing.
Upon further consideration of the case, upon appellant’s motion for rehearing, we have concluded that the judgment must be reversed. The record shows that, although the parties through their representatives reached an accord, there was no satisfaction thereof by either party. Appellant agreed to pay appellees $1,000 upon the doing of certain things by the latter, including the delivery of an insurance policy, a contraband photograph, and undescribed instruments in writing, alleged by appellees to be of such nature as to compromise or injure appellant if exposed to public view. In addition, the principal appellee was to absent herself from the community and permanently efface herself from the impliedly awkward situation. She was also to dismiss a pending suit against appellant’s brother-in-law. So it will be seen that some of the things to be done by appellees in the matter were to be done in the future, although tender was made of immediate performance of parts of the agreement. Appellee did not absent and efface herself, she had not dismissed the suit. Nor was the written accord or release countersigned by appellant's attorney, which was a condition precedent to performance by appellant. We conclude that, in this state of the case, appellees were relegated to their original cause of action when appellant, concluding, upon information received by him, that he had been “framed,” as he expressed it, refused to go forward with the agreement to settle.
Appellant’s motion will be granted, the judgment of affirmance set aside, and it is now ordered that the judgment be reversed, and the cause remanded.