Dearling v. Funk

SUPPLEMENTAL DECISION.

[En Banc. April 28, 1934.]

Upon further consideration, we have concluded to amplify the opinion in this case.

[5] The evidence is undisputed, the appellant concedes, and the trial court expressly found — that finding is quoted as follows (ante p. 364) that:

"This refunding was accomplished by the actual payment and retirement of the old bonds of $400,000 and by the issuance, immediately thereafter, as such old bonds were retired and cancelled, of the new refunding bonds, which were so issued, so that said old bonds of $400,000 which had been authorized by a vote of the…