State v. F & C ENGINEERING COMPANY , 438 S.W.2d 647 ( 1969 )

On Motion for Rehearing

The appellee has filed a motion for rehearing correctly pointing out that we erred in stating that the contract between the contractor and the supplier of the gravel was not in evidence. That contract was in writing and is among the exhibits received in evidence. It obliges the supplier to furnish gravel meeting the specifications set out in the contract between the contractor and the State subject to the approval of the Highway Department. We find nothing in that contract which changes the conclusions we have reached.

By its motion for rehearing appellee requests that we make numerous findings of fact. That request is denied. Our findings as to controlling facts are reflected by our original opinion.

Appellee’s motion for rehearing is overruled.