Magnolia Petroleum Co. v. Farmersville Independent Gin Co.

On Appellee’s Motion for Rehearing.

Appellee calls attention to the fact (overlooked by us) that its cross-assignment, referred to in the opinion disposing of the appeal, was filed in the trial court, as was shown by the certificate of the clerk of that court attached to one of the copies of the brief filed here. We have considered the cross-assignment, and overruled it. We think the conclusion of the trial court that appellee was entitled to have appellant furnish it at the contract price of 5 cents a gallon only 7, 000 gallons of fuel oil in addition to the $,000 gallons it had furnished was correct.

The motion is overruled.