Wetzel

A petition for a rehearing was granted herein solely for the purpose of enabling us to give further consideration to the question whether the damages awarded by the judgment were, as counsel for the defendant vigorously contend is true, in excess in a material measure of the damages to which the evidence showed the plaintiff was entitled in consequence of the damage it actually sustained through defendant’s breach of his contract. After a more scrutinizing examination of the evidence addressed to that question than was given to it in our original investigation of the record, we have satisfied ourselves that counsel for the defendant are right in the statement in their petition that the evidence does disclose that the plans and specifications upon which the Bayer-Rothgeb Company successfully submitted its bid after the defendant abandoned his contract with the plaintiff for doing the work and furnishing' the materials called for by the said contract contained certain items which were not a part of the plans and specifications upon which the defendant submitted his bid and which increased the cost of the work and the materials over the cost thereof under the latter’s contract.

We…