Rock v. Gustaveson Oil Co.

On Application for Rehearing.

GIDEON, J.

In a petition for rehearing appellant insists that we have in effect held that damages may be recovered without proof showing any damages sustained. It seems to be appellant’s contention that the court has indulged in a discussion of the measure of damages, and determined this case on that issue without any reference to whether respond*403ent has sustained any actual damages. Tbe proof showed, and tbe trial court found, that tbe defendant company failed to comply with the contract, in that it did not deliver the stock at the time specified. The court also…