Paterson v. Condos

OPINION

By the Court,

Coleman, J.:

A petition for a rehearing has been filed, in which it is urged that the plaintiff not having pleaded an abandonment of the express contract found by the trial court to have been entered into between the plaintiff and the defendant, the findings, judgment, and decree were ill-advised, and without justification.

1. This point was not made in the trial court and cannot be urged in this court for the first time. Sherman v. Dilley, 3 Nev. 21-27; McLeod v. Lee, 17 Nev. 103-120, 28 P. 124.

2. For another, and perhaps a better reason, the petition for a rehearing should…