The opinion
On Rehearing.
Appellee in his motion for rehearing complains that our opinion creates a variance with the opinion of another Court of Civil Appeals in the case of Texas Liquor Control Board v. Saiz, 220 S.W.2d 502 . Our opinion is indeed contrary to that in the case named by appellee. But the holding in Texas Liquor Control Board v. Saiz has been expressly disapproved by the Supreme Court in Jones v. Marsh, 148 Tex. 362 , 224 S.W.2d 198 , at page 201. We believe our opinion is in conformity with the Supreme. Court case.
Motion for rehearing overruled.