Braten v. Baker , 78 Wyo. 273 ( 1958 )

ON PETITION FOR REHEARING

OPINION ON PETITION FOR REHEARING

Mr. Justice HARNSBERGER

delivered the opinion of the court.

Appellee’s petition for rehearing reiterates contentions previously advanced in resisting the appeal to this court where it was contended (1) the lease and option in question were cancelled and terminated by appellee’s claim of default; (2) that appellants had not timely exercised their purchase option; (3) that to hold there was a valid option would require writing a new contract (presumably, as stated in the opinion, because it lacked provision for a conveyance) and (4) that equitable considerations should have moved us to affirm the judgment of the court below. These matters were fully dealt with in this court’s original opinion, and will not again be considered, as no new or additional reasons have been advanced for so doing.

It is also represented that this court should now notice matter entirely outside the record. This we may not do.

DENIED.

Mr. Chief Justice BLUME concurs.

Mr. Justice PARKER dissents.