Reece Construction Co. v. State Highway Commission

OPINION ON MOTION FOR REHEARING

Herd, J.:

We have considered appellee’s Motion for Rehearing

and Modification and deny the Motion for Rehearing but grant Modification of the decision by remanding the case to the trial court for disposition of alternative causes of action No. 2 and No. 3, which were conditionally denied by the trial court. Though no cross-appeal was taken thereon and neither cause was briefed nor argued, the two causes were not decided on the merits and are therefore remanded for findings of fact and conclusions of law.

We adhere to the original opinion except as herein modified.