Tamko Asphalt Products, Inc. v. Fenix

On Motions for Rehearing or to Transfer

STONE, Presiding Judge.

The burden of Tamko’s earnest motion for rehearing is that, if our construction of the contract (not now seriously disputed although not expressly accepted by Tamko) be correct, nevertheless “justice would have been better served by allowing (Tamko) a reasonable time to remove its property and awarding (Fénix) damages for withholding his property” and the result of affirmation of the decree nisi “is so highly inequitable that it does great violence to the rules of equity commonly applied.” In short, Tamko argues the “real and…