Richanbach v. Ruby

Petition for rehearing denied January 13,1931

On Petition eor Rehearing

(294 P. 1098)

KELLY, J.

By means of a petition for a rehearing defendant again urges that the requested instruction, which was refused, should have been given. In effect, this requested instruction declares that a request by plaintiff for the return of the earnest money, deposited by Taylor with the defendant, and the return by defendant thereof to plaintiff, as agent of Taylor, because of the belief, on defendant’s part, that the demand for the earnest money was made by plaintiff as the agent of Taylor, would justify a…