Rodgers v. Slavens

OPINION ON REHEARING.

The opinion of the court was delivered by

Dawson, J.:

In the opinion in this case handed down in June (101 Kan. 4) an excerpt of appellant’s testimony taken from the transcript was quoted as evidence in support of defendant’s contention that appellant Rodgers retained his interest in the cattle when they were sold to Rawlins. At the rehearing the court has been advised that this testimony had reference to a phase of the lawsuit not before this court on *2appeal. There was, however, pertinent evidence sufficient to support defendant’s contention on the matter under review. As…