Combined Metals, Inc. v. Bastian

This case was heretofore considered by this court and an opinion rendered and filed November 5,1926, affirming the judgment of the court below. Thereafter a rehearing at large was granted. The case was thereupon reargued and resubmitted. As a conclusion is now reached by us reversing the judgment, the prior opinion is recalled and this substituted in lieu thereof and as the opinion in the cause.

The Combined Metals, Incorporated, a mining corporation, and J. C. Jensen, the respondents and the plaintiffs 'below, brought this action against Gearsen S. Bastían, the appellant and the principal…