
    A. W. JONES and T. D. Jones, Jr., d/b/a Jones Butane Service, petitioner, v. Una C. ELLIOTT and Husband, Donald A. Elliott, respondents.
    No. A-4301.
    Supreme Court of Texas.
    Dec. 9, 1953.
    Rehearing Denied Jan. 20, 1954.
    Perkins, German, Mims & Bell and Wm. H. Crenshaw, Midland, for petitioners.
    Frank Bezoni and Edwin T. Stitt, Midland, for respondents.
   PER CURIAM.

We do not interpret the opinion of the Court of Civil Appeals in this case, 259 S.W.2d 288, to mean that a judgment of the trial court overruling defendant’s motion for new trial, based on jury misconduct, would be unappealable on that issue, or would render the appellate courts powerless to afford relief to the' defendant from such judgment if the misconduct be established and if its nature be such as was reasonably calculated to cause and probably did cause the rendition of an improper verdict and judgment in the case. The motion for rehearing is therefore overruled.  