Aitken v. Lane

ON MOTION FOR REHEARING.

(Opinion filed July 15, 1939.)

Plaintiff's motion for rehearing points out that while we have overruled the case of McAdow v. Black, 6 Mont. 601,13 P. 377, we have made no mention of the cases of Lynde v.Wakefield, 19 Mont. 23, 47 P. 5, Butte Hardware Co. v.Frank, 25 Mont. 344, 65 P. 1, Gibson v. Morris StateBank, 49 Mont. 60, 140 P. 76, Lindeman v. Pinson, 54 Mont. 466,171 P. 271, and Johnson v. Kaiser, 104 Mont. 261,65 P.2d 1179, containing statements either by way of dictum or otherwise similar to that made in McAdow v. Black, supra.

In most of those cases the…