N. S. Sherman MacHine & Iron Works v. Carey, Lombard, Young & Co.

On Petition for Rehearing.

Order Modifying Judgment and Giving Judgment on Supersedeas Bond as Prayed for in Petition for Rehearing.

Opinion toy

THRBADGILL, C.

We have examined defendant in error's petition for rehearing in this case and we cannot agree that the priciple involved in the contract differs from the Bell-Wayland Company Case, 92 Okla. 201, 218 Pac. 827, and we think that the opinion should be adhered to as approved toy the court.

Defendant in error states:

“If the court on further consideration adheres to the rule announced we then submit that the judgment of the trial court should be…