Hill v. Atoka Coal & Mining Company

• Citation: 32 S.W. 111,124 Mo. 177
• Parties: Hill v. Atoka Coal and Mining Company, Appellant
• Decision Date: 09 July 1894
• Court: United States State Supreme Court of Missouri

32 S.W. 111

124 Mo. 177

Hill v. Atoka Coal and Mining Company, Appellant

Supreme Court of Missouri

July 9, 1894

124 Mo. 153 at 177.

Original Opinion of July 9, 1894, Reported at: 124 Mo. 153.

Motion overruled.

Black, C. J., and Gantt and Burgess, JJ., dissent.

OPINION

ON MOTION FOR REHEARING.

Per Curiam.

On respondent's motion for rehearing, the chief contention is that the testimony touching the agreement to surrender the stock does not establish that agreement with any such clearness as would authorize a court of equity to act upon it. On that point the record now before the court is by no means as satisfactory as we could wish; and, after careful reconsideration of it, we are of opinion that the interests of justice would be subserved by a retrial of the cause. We think that the evidence as it now stands tends to sustain an inference of such an agreement, but, owing to the obscurity of the showing on that point, our final order is that the judgment be reversed and the cause remanded for new trial.

With this modification of the former judgment, the motion for rehearing is overruled.

Black, C. J., and Gantt and Burgess, JJ., dissent.