Atlas Powder Co. v. Nelson & Chase & Gilbert Co.

Rose, Judge,

concurring (on denial of rehearing):

From the petition for rehearing and the brief filed therewith, it would appear that the appellant has' largely misapprehended the scope and effect of our decision herein. In the petition it is alleged that in disposing of this appeal, this Court fell into “error” in eight particulars. However, the only ground for rehearing which is at all stressed is that relating to our holding that the Atlas Powder Company has no right of action on either the original contract between the owner and the principál contractor, or on the bond executed by the…