Sarbach v. Newell

Per Curiam,:

The motion for rehearing in this case is presented upon the ground that the decision of this court, reported in 28 Kas. 642, is based upon certain erroneous assumptions of fact. Upon a reexamination of the record, it is apparent that certain matters contained in the printed arguments referred to in the opinion of the court, are not embraced within the record. None of the evidence introduced upon the trial is preserved, and the facts stated in the pleadings of the plaintiff, together with the findings of fact of the trial court, must be all that we are to look to in the…