Johnson's Wholesale Plumbing, Inc. v. Holloway

(dissenting)—I respectfully disagree with my brothers' refusal to consider the full impact of Robinson Tile & Marble Co. v. Samuels, 147 Wash. 445, 266 P. 701 (1928), in the present case. Whether counsel cited this case to us or to the Superior Court is immaterial. As stated in Maynard Inv. Co. v. McCann, 77 Wn.2d 616, 623, 465 P.2d 657 (1970):

Courts are created to ascertain the facts in a controversy and to determine the rights of the parties according to justice. Courts should not be confined by the issues framed or theories advanced by the parties if the parties ignore the mandate of a…