¶1*508 ON APPLICATION FOR REHEARING
¶2 Decided November 8, 1945.
¶3 Submitted on application of appellees for rehearing.
¶4 Two grounds are assigned, the first, “The Court … erred grievously when it made this statement, ‘it is obvious from the verdict .and judgment that the jury awarded to plaintiffs some part of the $500.00 in cash which it is averred defendants agreed to pay them if they decided to sell and dispose of the restaurant business, etc.’ ” The statement which is challenged is manifestly correct. The total damages prayed in the petition was $1400.00. The verdict and judgment was $1000.00. There was no supplemental petition. Obviously, some part of the $500.00 damages claimed was awarded. Even though the verdict was in such an amount that it would appear that it was $500.00 or more less than prayed, even so, this Court could not determine whether or not it included some part, or all, of the $500.00 damages claimed.
¶5 The second ground is that the Court erred in its observation respecting the charge on implied contract. It is not necessary for us to restate our view respecting the ■ charge of the Court. It was fully and carefully considered in our original opinion.
¶6 Nothing is suggested in the application which was not passed upon in our former opinion. The application will be denied.