Walrus Manufacturing Co. v. Quackenbush

The opinion of the court was delivered by

Burch, J.:

The original opinion stated the facts, and contained the following:

“If is plain from the record the defense was that the bond did not cover depreciation in value. That defense is abandoned here, and it is now contended there was no evidence of depreciation.” (Walrus Manufacturing Co. v. Quackenbush, ante, p. 216, 276 Pac. 806.)

Appellants have filed a petition for rehearing, which contains the following:

“In the opinion Justice Burch says that appellant had abandoned this defense. Counsel for appellant certainly did not intend to abandon their…