Whittaker v. Weller

On Rehearing.

After the Departmental opinion in this case was filed (8 Wn. (2d) 18, 111 P. (2d) 218), the appellants presented a petition for rehearing, which was granted, and the matter came on for rehearing before the court sitting En Banc. Upon this hearing, the appellants asked that a certain sentence in the opinion be stricken. The respondent acquiesced in this request, and stated that the sentence complained of was not necessary to the decision of the case. Inasmuch as one of the parties desired the sentence complained of stricken, and the other, in effect, acquiesced in it, that…