Opinion
No. 12,726.
Filed March 31, 1927. Rehearing denied June 10, 1927.
From Pike Circuit Court; Samuel E. Dillon, Judge.
Action between the United States Fidelity and Guaranty Company and another and the Hoosier Desk Company. From the judgment rendered, the former appeal. Affirmed. By the court in banc.
John K. Chappell, Moses B. Lairy, Edward E. Gates, Frederick Van Nuys, George M. Barnard, Julian C. Ralston and Raymond L. Walker, for appellants.
W.E. Cox and Carl Gray, for appellee.
Appellee having remitted $64.85 of the judgment for $560.95 in its favor, as of the date thereof, judgment for $496.10 is affirmed.
Dausman, J., absent.
ON PETITION FOR REHEARING.
Appellant in his petition for rehearing says that there is no remittitur of any kind in this case. Appellee in its brief says that it remits $64.10 of the judgment. If appellee will file a certificate of the clerk of the Pike Circuit Court that it has remitted $64.10 of the judgment herein as of the date of the verdict, within thirty days from this date, the petition for rehearing is hereby denied. Otherwise, the petition is granted.