Seaton Ranch Co. v. Montana Vegetable Oil & Feed Co. ( 1952 )

On Petition for Rehearing.

PER CURIAM.

Appellant’s petition for rehearing is denied.

MR. CHIEF JUSTICE ADAIR, and MR. JUSTICE BOTTOMLY:

Ye concur in the denial of appellant’s petition for rehearing herein solely because, “It is an inflexible rule that our decision on a former appeal, whether right or wrong, is binding alike on the parties and the courts in the same action.” Libin v. Huffine, 124 Mont. 361, 224 Pac. (2d) 144, 146; State ex rel. Great Northern Ry. v. State Board of Equalization, 126 Mont. 187, 246 Pac. (2d) 220, 221.