Estate of Leedom v. Leedom

*537The following opinion was filed June 24, 1935 :

Feitz, J.

(on motion for rehearing). The appellants, Waller Carson & Company, move for a rehearing. In support of that motion, they contend, among other matters, that, as the effect of the decision herein is to 'determine a question of fact, which was not actually litigated either in the trial court or on appeal, they “ought to be given an opportunity to have the question of the existence of a contract determined in the light of all the facts that may have a bearing thereon.” In that connection they say: “In the present case there was a course of…