Gem Jewelry Company Beaumont v. C. H. Nolte Et Ux‪.‬

On Appellees' Motion for Rehearing Appellees have filed an able and earnest motion and amended motion for rehearing herein. They urge that this court erred in holding that the evidence raised the issues: (1) whether Mrs. Nolte bought the ring, and (2) whether, if she bought the ring, she was acting as the agent or had authority of her husband to do so. On the first issue: Appellees say ""there is no proof that the ring was sold to Mrs. Nolte."" The purchase contract quoted from in our original opinion recites: ""I hereby acknowledge receipt of the delivery to me of: 1 Ladies Platinum Ring -- price $7,200.00 * * * for which I agree to pay to the order of Gem Jewelry Co. at Beaumont, Texas the sum of Seventy-two Hundred Dollars during the year, 1954 -- (signed) Mrs. C. H. Nolte."" If written words mean anything, the above would appear to raise the issue that Mrs. Nolte bought the ring.