Shriner v. Union Federal Savings & Loan Ass'n

ON PETITION FOR REHEARING

Kendall, J.

The appellants contended in their original brief that the trial court erred in refusing to give their tendered instruction number three, which instruction was recited in our original opinion. In that opinion, this court held that in view of appellants’ failure to present the evidence to this court upon which instruction number three was based, we could not consider the question presented by the court’s refusal to so give.

Upon appellants’ Petition for Rehearing, they contend that this court erred in its original opinion on account of such ruling. Appellants…