Dorshimer v. Herndon

*425The following opinion on motion for rehearing was filed September 20, 1915. Rehearing denied.

Barnes, J.

The appellant has filed a motion for rehearing, and contends that the opinion overlooks the fact that plaintiff unqualifiedly admitted that he had quit the service of the defendant. A re-examination of the record shows that the plaintiff testified that, when defendant paid him the fee agreed upon, he was still ready and willing to perform the services. He said: “When he pays me my fee, I am ready to serve him.”

It is next contended' that our opinion in this case is in direct conflict with the…