Eastland Oil Co. v. Fenoglio

On Motion for Rehearing.

In an extended motion for rehearing and additional written argument, appellants stress the contention that the evidence conclusively showed a withdrawal of the property from sale before Westbrook offered to purchase it. Following is the testimony chiefly relied on to support the argument: Testimony of Donnelly that his written offer to purchase, of date March 1st, was the only .firm offer he ever made to buy, and his further testimony, which -was corroborated by that of Gerke, that the day before plaintiff told him that he had that letter he (Donnelly) told Gerke he…