Holmes v. Seaman

The following opinion on rehearing was filed December 21,1904. Former opinion modified:

Barnes, J.

This case is before us on a motion for a rehearing, and, after an examination of the brief in support thereof, we are satisfied that our former opinion, ante, p. 300, should be adhered to, except as to the matter of the taxation of costs. On that question an oral argument was ordered, which has been made, and is supplemented by additional briefs. It appears that the plaintiff: commenced this action in the district court for Douglas county to recover damages for a broach of the general covenants of…