Hagman v. Webber

On Petition eor Rehearing.

(244 Pac. 83.)

COSHOW, J.

The defendant has presented a very earnest petition for rehearing alleging error in our opinion because we did not hold that defendant was entitled to damages for plaintiff’s breach of his alleged contract to deliver 8,000 yards of rock. Defendant says in his petition:

“We do not care, as we said on oral argument, whether the contract is reformed or not. We offered parol evidence to prove the exact amount of rock that was to be delivered. The evidence was admitted without objections, and, under American Contract Co. v. Bullen Bridge Co. was not…