Pabst v. Roxana Petroleum Corp.

On Motion for Rehearing.

PLEASANTS, C. J.

The majority of the court, after due consideration of appellant’s motion for rehearing, feel constrained to adhere to the conclusions expressed in the opinion of Justice LANE, that the trial court did not err in sustaining defendants’ general demurrers to plaintiff’s petition.

The dissenting opinion of Justice GRAVES, as we understand it, is based solely on the contention that the petition is sufficient in its statement of a cause of action against defendants for damages for their failure to produce sulphur from the plaintiff’s property between the date…