Lilley v. Gifford Phillips Wood Products, Inc.

ON RESPONDENTS’ PETITION FOR REHEARING

Banta, Silven & Horton, Baker, for the petition. Dunn & Jackson, Baker, contra. Before Perry, Chief Justice, and Lusk, Brand, Warner, McAllister and Kester, Justices. LUSK, J.

The plaintiffs have petitioned for a rehearing. They urge that the court overruled its original opinion and reversed the judgment in their favor because of an error not assigned in defendant’s brief and upon a point of law which they have never had an opportunity to argue.

In our second opinion, rendered June 26, 1957, we expressly stated that we took notice of the error referred to…