Universal Coal Co. v. Old Ben Coal Corp.

After the determination of this case on December 17, 1928, counsel for plaintiff in error applied for a rehearing and filed a motion to correct the record. An affidavit of an official stenographer was filed in support of the motion to correct the bill of exceptions. Under Section 11572a, General Code, this court has authority to correct a record or refer it to the trial court for correction.

We have concluded to consider the case as though the record were corrected, and for that purpose have examined the briefs and the record to determine the questions of law involved.

This action was brought…