Sullivan v. Marsh

MR, JUSTICE ANGSTMAN,

dissenting:

I am not able to subscribe to the conclusion reached in the majority opinion.

I do not find in the record anything to justify the assertion made in the majority opinion that plaintiff had in view the matter of selling his stock of liquor and giving a lease on his hotel property upon the expiration of his state retail beer and liquor licenses (June 30, 1944).

As I read the record he decided to sell his stock of liquor and lease his property because he was unable by reason of sickness to operate the business and it was sickness and not the expiration date of his…