Lifton v. Harshman

THE COURT.

The petition for rehearing asks this court so to correct its order of reversal that it will comprehend some transaction which the parties consummated after the first appeal. The transaction referred to in the petition appears to have resulted in an agreement for appellant to credit respondent with about $13,610.99. No mention was made of that agreement in either brief on the second appeal. That is not a concern of this court, but should be presented to the trial court at the time of the trial of the sole issue specified in the order of reversal when all payments heretofore made or credits agreed upon shall be reckoned in computing the judgment.

Respondents’ petition for a hearing by the Supreme Court was denied April 14, 1949. Carter, J., and Schauer, J., voted for a hearing.