Kelley v. Baisch

The opinion and decision of the court was filed and entered in this case on November 15, 1938. Thereafter a petition for rehearing was served and filed and a rehearing was granted. The case was again heard on January 5th.

The essential history of the case is covered by the statement in the original opinion.

The only issue to be determined and the one upon which the decision must turn is the meaning of the sixth paragraph of the contract between the parties. That paragraph provides just what the first parties (appellants) should receive as their compensation from the purchase and sale of the…