Selman v. Shirley

Petition for rehearing granted March 28; argued on rehearing April 18; former opinion sustained June 6, 1939

On Rehearing

(91 P. (2d) 312)

ROSSMAN, J.

The brief accompanying the respondents’ (defendants’) petition for a rehearing contends that we erred when we applied in this suit the benefit-of-the-bargain rule. It cites no authorities not mentioned in our previous decision except pages 448 to 454, McCormick on Damages. Our decision quoted from a treatise written by the same author, published in 28 Ill. Law Rev. 1050, which apparently afforded the substance for the above-cited pages of his…