Smith v. Fletcher

• Decision Date: 24 June 1918
• Docket Number: 14381.
• Citation: 102 Wash. 218,173 P. 636
• Parties: SMITH et al. v. FLETCHER.
• Court: Washington Supreme Court

173 P. 636

102 Wash. 218

SMITH et al. v. FLETCHER.

No. 14381.

Supreme Court of Washington

June 24, 1918

On petition for rehearing. Denied.

For former opinion, see 173 P. 19.

PER CURIAM.

The appellant asks a rehearing in the foregoing cause, or in the alternative for a modification of the decree of affirmance as ordered by this court. On the main issue, after a careful consideration of the petition, the court is satisfied with the conclusion reached and declines to enter upon a further consideration of the merits of the cause.

The decree of the lower court gave the appellant an option to submit to a judgment for the face value of the note and mortgage under consideration, or to return them for cancellation and delivery within 30 days after the date of the decree. The appellant suggests that, since this limitation has expired pending the appeal, he may be denied the right to exercise the option granted him in the decree because of the order of this court for affirmance without reservation of the right, and he asks, unless the intention of the court was otherwise, that he be granted a limited period after the return of the remittitur in which to exercise the option. It was not the intention of this court in directing an affirmance to deny to the appellant the benefit of the option, and, to the end that there may be no question concerning it, the order of affirmance will be so far modified as to allow the appellant 30 days after the remittitur reaches the trial court in which to exercise any or all of the privileges granted him by the decree of that court.

Let the remittitur go accordingly.