Fitch v. Green

On Rehearing.

The original opinion shows that this case should be affirmed, but for the fact that, under the instructions of the trial court, plaintiff may have recovered an item of $100, claimed without support in the evidence, and on petition for rehearing plaintiff offers to remit the sum of $100, and asks that the judgment be modified and affirmed so as to stand for the sum of $465, instead of the sum of $565, for which it was entered, which offer to remit destroys the reason and obviates the necessity for reversal. The judgment of the trial court is therefore ordered reformed, so as to…