Chero-Cola Co. v. May

After rendering a decision in this case, by which the judgment of the trial court was affirmed, a motion for a rehearing was filed by the plaintiff in error, the Chero-Cola Company. The rehearing was granted, and the case again taken up for consideration. Eealizing that the principle involved was one of importance, the court gave to the controlling question presented by the record careful consideration; and after further consideration the court has reached a different conclusion from that announced in the majority opinion as at first filed, and we are now of the opinion that the sounder view…