Black v. Philip Miller Co.

Ok Reheauikg.

Tolmah, C. J.

This case was first heard by a Department of this court at the 1931 September term. The Departmental opinion will be found in 166 Wash. 430, 7 P. (2d) 33.

Thereafter, a petition for rehearing was granted, and the case was reheard by the court sitting En Banc at the term just closed.

It is but fair to all concerned to say that, at the time of the Departmental hearing, no brief had been presented on behalf of the appellant Black. He was not represented by counsel at that hearing, and the judge writing the Departmental decision was left to grope his way through a…