Russell v. Sunburst Refining Co.

After the original opinion in this case was handed down a petition for rehearing was granted. Our conclusion in the first place was based upon a single contention raised by counsel for defendant, and on re-argument we were led to doubt the correctness of the basis of the decision. For this reason the original opinion is ordered withdrawn and this one substituted for it.

The plaintiff in this action, doing business under the name of Auto Gas & Oil Company, seeks to recover from defendant, a Montana corporation, moneys which he alleges he paid to it as a result of deceits practiced upon him.…