Rands v. Ewing

On Petition eor Rehearing

Before Latourette, Chief Justice, and Warner, Rossman, Lusk and Brand, Justices. LATOURETTE, C. J.

Defendant’s petition for rehearing raises a question which merits discussion. In our opinion we said that the court did not err in instructing the jury that the taking by the State Highway Commission of a portion of the premises described in the complaint was not a defense to the action because the record disclosed that the plaintiff was willing to accept the deed to the property, excluding the property condemned.

Petitioner urges that we are in error in the above because…