Berry v. Koehler

SMITH, Justice.

The opinion of this Court filed April 17, 1963, is withdrawn and this opinion is substituted therefor.

This Appeal No. 9196 arose after remittitur of the same cause heretofore before this Court as Appeal No. 8813, Berry v. Koehler, 84 Idaho 170, 369 P.2d 1010. The remittitur directed the trial court to find, conclude and enter its judgment in conformity with the views expressed both in the opinion on the original hearing filed June 2, 1961, and in the opinion on rehearing filed March 23, 1962, added to the original opinion.

The trial court upon remittitur entered amended findings…