Title & Trust Co. v. United States Fidelity & Guaranty Co.

Former opinion adhered to on rehearing February 2, 1932.

On Hearing

(7 P. (2d) 805)

KELLY, J.

Both parties herein insist that in our original opinion we have modified the decree rendered in the case of Hattie E. Miller and Mamie Karlan, The E.-Henry Wemme Company, The Overlook Land Company and the United States National Bank of Portland, Oregon, which case, for convenience, hereafter will be referred to herein as the Miller-Wemme case.

It is true that, in the complaint in the case at bar, it is alleged that, by the terms of the undertaking upon which this action is based, the defendant herein…