Zach v. Schulman

On Rehearing.

McHaney, Justice.

Appellee insists we were in error in stating in the original opinion that: “In view of the disposition we make of the case on direct appeal, it becomes unnecessary to consider or determine the cross-appeal. ” He is correct as to points 1 and 2 of the cross-appeal, that is, the decision made on the main question in the case did not settle these two points of the cross-appeal.

1. In the decree the court rendered judgment for appellants and against appellee for $2,535.52 “which was the balance due the deceased partner, Clara Zach, upon her drawing account in said…