Howland v. Iron Fireman Manufacturing Co.

On Petition for Rehearing

Before Lijsk, Chief Justice, and Brand, Bailey and Hay, Justices. BRAND, J.

In our former opinion we found prejudicial errors as stated. Accordingly we set aside the verdict and judgment and granted a new trial. The defendant, however, contends that it was entitled not merely to a new trial, but rather to final judgment. It has therefore filed a petition for rehearing. Considering the question presented to be a most important one, we requested briefs, which have been received and studied.

After holding that the contract relied upon by the plaintiff was within the…