On Rehearing
SIMPSON, Justice.This has been a difficult case. It was "well tried and carefully considered by the learned trial judge, but the appellant vigorously insists that the decree and the opinion ■of this court fail to supply complete relief ■in that no allowance has been made for a -diminution of rent for the period during which the premises were incomplete and defective.
The trial court found and we concurred "that the appellant had not received what •the contract called for and that the premises were delivered late and in a defective condition. The trial court ordered appellees to remedy the defects.
Some evidence was offered below on the •question of loss of income in the motel operation during the period involved, but the trial court made no specific finding on this point. Other evidence was offered by the •appellees tending to show that the reduction •of income could have been the result of in•creased competition in the area, etc.
We have carefully considered this matter and have restudied the record, and having done so, have arrived at the conclusion that inasmuch as the trial court made no finding on this specific issue in the final decree rendered, that the case should be remanded for the purpose of determining what, if any, loss of income resulted to the appellant because of the appellees’ failure to comply with the construction contract, and what, if any, reduction in rent should be made in appellant’s favor as a consequence. In all other respects the final decree is affirmed save those matters noted in the original opinion in this case.
Opinion extended and application for rehearing granted to the extent indicated.
LIVINGSTON, C. J., and MERRILL and HARWOOD, JJ., concur.