Tripp v. Sieler

This case was decided at a previous term of court, and will be found reported in 38 S. D. 321, 161 N. W. 337. In a lengthy petition for rehearing, respondent contends that in the opinion filed! the court overlooked, and in effect overruled, the conclusion, relative to certain issues involved, reached by this court in Fullerton Lumber Co. v. Tinker, 21 S. D. 647, 115 N. W. 91.

We did not intend to overule the Fullerton case, and, as a consideration of the -matters involved in that case is not necessary to a determination of this case, we now expressly withdraw anything we said in the opinion in…