Farrar v. Andrew Peterson & Co.

• Decision Date: 16 July 1913
• Citation: 133 P. 594,72 Wash. 482
• Court: Washington Supreme Court
• Parties: FARRAR v. ANDREW PETERSON & CO.

133 P. 594

72 Wash. 482

FARRAR v. ANDREW PETERSON & CO.

Supreme Court of Washington

July 16, 1913

On rehearing. Former opinion (130 P. 753) adhered to.

Herchmer Johnston, of Seattle, for appellant.

Earle & Steinert, of Seattle, for respondent.

PARKER, J.

This case was by mistake placed upon our calendar for the January term of this year, and called for argument in due course on January 30th. No counsel appearing at that time, we assumed that none desired to be heard orally. We thereupon treated the cause as submitted upon the briefs then on file. Thereafter the case was decided and an opinion filed March 18th. 130 P. 753. Thereafter a petition for rehearing was filed, upon the ground that counsel were deprived of oral argument by the cause being erroneously placed on the January calendar. Rehearing was accordingly granted, and the case orally argued during the present term.

We regret that counsel were thus deprived of oral argument before we announced our decision. However, we have again carefully reviewed the questions presented, in the light of the oral argument and additional briefs, and conclude that the judgment of the trial court must be reversed, and the case dismissed, for the reasons stated in our opinion filed on March 18th.

It is so ordered.

GOSE, MOUNT, and CHADWICK, JJ., concur.