Standard Milling Co. v. Imperial Rice Co.

On Rehearing.

It is insisted that this court erred in sustaining the fifth assignment relating to the measure of damages, because under the pleadings and evidence it appears that the original contract for delivery in installments had been changed by subsequent agreement. This contention was clearly in mind when the original opinion was written. It was deemed not well taken, because the evidence does not show that the contract for delivery in installments was changed. It merely shows that delivery had been by agreement postponed. With that exception the contract remained as originally made, and the measure of damages is as stated in the original upin-ion. We make this further explanation in view of a retrial, so that the trial court may be advised fully in the premises.

The motion for rehearing is overruled.