White v. Bott

UPON REHEARING.

SUrijmottii

March 24, 1932.

Present, Campbell, C. J., and Holt, Epes, Hudgins and Chinn, JJ.

The petition upon which this rehearing was granted *456questions the accuracy of the former opinion in this case, upon the ground that in holding that Bott waived the misrepresentations made by plaintiffs representative, Etheridge, the court overlooked the principal facts in reference to the question of waiver, and misapprehended the law applicable thereto.

In view of these assertions, we have made a critical reexamination of the record, and, after further consideration of the evidence and the…