Capitol Hotel Co. v. Rittenberry

On Motions for Rehearing.

Both parties have filed motions for rehearing and written arguments. We have given their contentions careful consideration and are still of the opinion that the judgment should be reversed and the cause remanded, though we will in some particulars modify and correct the original opinion.

The appellee’s first contention is that the trial court correctly sustained the demurrer to the appellants’ cross-action, because every essential fact constituting the cross-action was contained in appellants’ defensive pleadings and such facts were resolved by -the jury against…