Wells-Dickey Co. v. Embody

On motion for a rehearing, counsel for defendant have called our attention to the fact, not mentioned in their original brief, and entirely overlooked by the court, that before any testimony was introduced the defendant objected to the introduction of any testimony on the ground that the complaint does not state facts sufficient to constitute a cause of action. For this reason the opinion promulgated March 29, 1928, is withdrawn, and the following opinion substituted therefor:

The plaintiff, Wells-Dickey Company, a Minnesota corporation, has appealed from a judgment entered in favor of the…