On Rehearing.
Appellee, in his motion for rehearing, presents no argument to convince us that we erred in our former opinion, except that, upon a reconsideration of the matter, we have concluded that the record justifies us in holding that the trial court rendered its judgment upon an incorrect theory under the pleadings and the evidence. Such being the case, it is our opinion that we should have remanded the case instead of rendering judgment for appellant, and that therefore the motion for rehearing should be granted, our former judgment set aside, and that our judgment be that the judgment of the court below be reversed and the cause remanded.