Opinion
No. 45,016
Opinion denying a rehearing filed July 16, 1968.
Appeal from Sedgwick district court, division No. 3; B. MACK BRYANT, judge. Opinion denying a rehearing filed July 16, 1968. For original opinion affirming in part and reversing in part the judgment of the trial court, see Mountain Iron Supply Co. v. Jones, 201 Kan. 401, 441 P.2d 795.
William L. Oliver, Jr., George B. Collins, Robert Martin, K.W. Pringle, Jr., William F. Schell, Robert M. Collins, William V. Crank and Tom C. Triplett, all of Wichita, and Thomas M. Burns and Peter J. Wall, both of Denver, Colorado, for the appellants and cross appellees.
Richard W. Stavely, of Wichita, for the appellee and cross appellant.
OPINION DENYING A REHEARING
The opinion of the court was delivered by
After the decision of the court herein was announced, the appellee, Mountain Iron and Supply Company, filed a motion for rehearing within the time allotted. Finding nothing, upon consideration of the motion for rehearing, which warrants a reconsideration of the case, the motion for rehearing is denied.
Mountain Iron and Supply Company contends, however, the decision of the court is based upon a material error of fact which appears in the opinion, and that the court's decision was influenced by such error.
In the third full paragraph of the original opinion ( Mountain Iron Supply Co. v. Jones, 201 Kan. 401, 441 P.2d 795) appearing at page 407 of the official report, the rotary drilling rig in question was shown to have a cost of $45,000 to Jones-Gebert Oil, Inc. This fact was shown in the record and taken from Exhibit A, which was the first mortgage note given by Jones-Gebert Oil, Inc., to the McPherson Citizens State Bank.
In its motion for rehearing Mountain Iron and Supply Company says:
"A fluke in printing the record has raised a false impression as to the true facts of the case."
Our attention is directed to an admission made by the defendants that Jones-Gebert Oil, Inc. purchased the Brewster N-4 drilling rig and inventories, equipment and tools appurtenant thereto for $23,100 on October 10, 1963.
We, therefore, correct the facts to show the cost of the drilling rig was $23,000 and not $45,000 as shown by the first mortgage note. The actual cost of the drilling rig to Jones-Gebert Oil, Inc., was immaterial to our decision in the case, and our opinion as to the law is not affected thereby.