H. G. HASTINGS & CO. et al. v. MALONE.
(Circuit Court of Appeals, Fifth Circuit.
January 28, 1913.
On Petition for Rehearing, March 4, 1913.)
No. 2,433.
In Error to the District Court of the United States for the Western District of Texas; Thomas S. Maxey, Judge.
O. T. Brown, of San Marcos, Tex., and S. W. Fisher, of Austin, Tex., for plaintiffs in error.
Will G. Barber, of San Marcos, Tex., for defendant in error.
Before SHELBY, Circuit Judge, and FOSTER, District Judge.
[MAJORITY — PER CURIAM.]
PER CURIAM.
We find no error in the record. The rulings of the trial court were not in conflict with the opinion of this court when the case was here before. 193 Fed. 1, 113 C. C. A. 329.
The judgment is affirmed.
[REHEARING — PER CURIAM.]
On Petition for Rehearing.
PER CURIAM.
The evidence offered required the case to be submitted to the jury. We find no reversible error in the rulings or charge of the court on the trial. The petition for a rehearing is overruled.