Stevens & Elkins v. Lewis

Response by

Judge Settle

to Petition eor Rehearing-Modifying opinion and overruling petition.

Urged by appellee’s petition for a rehearing, we have carefully reconsidered the questions decided by the. opinion in this case, published in 168 Kentucky Reports, page 648. The only error we find in the' opinion is in its assumption that the written contract between appellee and appellants, Stevens & Elkins, authorized the reliance by the latter on the plea contained in their answer that the extraordinary prevalence of ice and snow excused the delay in the performance of the contract for as much as six…