City of Barnsdall v. Barnsdall Nat. Bank

On. Application for Leave to Pile Second Petition for Rehearing.

Rehearing Denied.

HURST, J.

(specially concurring). After considering this case further on rehearing, I concur in the result of the majority thac the judgment must be reversed, with directions to enter judgment in favor of defendant city.

The question here s one of weighing the equities between the plaintiffs and the city under the rules announced in the former opinion (164 Okla. 167, 23 P.2d 373). I think there this court simply said that if the city has been unjustly enriched, the plintiffs’ equities are superior, but, on the…