Chichester v. First Nat. Bank of Birmingham

On Rehearing.

GARDNER, Chief Justice.

In deference to the earnestness of counsel for appellant on application for rehearing we have given careful consideration to the following authorities: Janes v. Fitchburg R. Co., 50 Hun 310, 3 N.Y.S. 165; Hottell v. Kemp, 139 Kan. 239, 31 P.2d 64; Hine v. Myrick, 60 Minn. 518, 62 N.W. 1125 and Watson v. Smith, 60 Minn. 206, 62 N.W. 265.

The case of Janes v. Fitchburg R. Co., supra, deals with the construction of a statute and that of Hottell v. Kemp, supra, merely places an interpretation upon a contract between the parties gathered from the writings and…