Schindler

This application for rehearing in this ease pretends to be based upon the ground that this court in the original opinion in the ease, filed August 14, 1905 (ante, p. 229, 82 Pac. 341 ), committed error in holding that the placing of two windows in the basement story of the house not immediately under the windows in the story above was unworkmanlike and was not satisfactory to defendants, and was not a trivial imperfection. These windows constituted a part of the ornamentation of this little house, as well as- of its constituent parts. Ornamentation is as much a matter of substance as any of the constituent parts, such as light and ventilation. The. testimony in the case showed, and the court below found, “that the two windows placed by plaintiff in the front portion of the basement story of said house were not directly underneath the two front windows of the upper portion of said house, which upper portion consisted of the old house after the same had been raised, and that the placing of such windows in this manner was not workmanlike. ’ ’ The testimony supports the above finding; but this court found, further, “that the failure of plaintiff to place said windows in the basement…