Selig v. Wunderlich Contracting Company

I adhere to the former opinion and decision of this court in this case. That opinion is now withdrawn by the court.

In the present opinion, the court finds no fault with either facts or issues stated, or rules of law applied in the former opinion. The former opinion is now set aside on a finding that there was no consideration shown for the contract of February 20, 1947. I shall examine that question later herein.

I disagree with the present opinion in six principal matters:

1. In the findings of fact made in the opinion which appear to become conclusive upon the trial court on. remand for a new…