Lusk Lumber Co. v. Independent Producers' Consolidated

Kimball, Justice.

The respondent applies for a rehearing. It is again argued that the petition sufficiently alleges performance of the contract. Our attention is called to some allegations that were not mentioned in our former opinion. In alleging in the petition that Mr. Myrin’s approval of tbe work was wrongfully and unreasonably withheld, it was stated that his failure to approve the work was not due to any default, neglect or omission on the part of the plaintiff, or to any failure or refusal of plaintiff to comply with the provisions of the contract, or any failure on the part of the…