Sioux City v. Western Asphalt Paving Corp.

This ease was argued and submitted at the January, 1936, term of this court, and the opinion by Justice Parsons is reported in 268 N. W. 595. Appellants petitioned for rehearing, alleging that the opinion failed to determine or pass upon essential matters properly presented by the brief and argument, the determination of which, the appellants contend, will dispose of the case. A rehearing was granted and the matter was re-argued and again submitted to the court. Accordingly, the former opinion is withdrawn and this opinion substituted therefor.

The record is quite voluminous; the pleadings…