Hughes v. Heppner Lumber Co.

Respondent's Petition for Rehearing

Before Latourette*, Chief Justice, and Warner**, Lusk, Brand and Tooze, Justices. LATOURETTE, J.

Defendant Heppner Lumber Company, a corporation, has filed a petition for rehearing with accompanying brief. Our attention is called to the fact that *57we erred in concluding that the pine reserved in the conveyance was limited to merchantable pine instead of “all” pine as unequivocably stated in the deeds. This is true. However, this does not make any difference in the result reached as we are still firmly of the conviction that a reasonable time had elapsed for…