Kasner v. Stanmire

I think the judgment appealed from should be affirmed, but not for the reason assigned in the majority opinion. The trial court made no findings of fact or conclusions of law, and the record does not disclose the reasons for the judgment.

1. I cannot reconcile the majority opinion with our prior decisions in Medaris v. Tracey, 170 Okla. 113, 39 P. 2d 30, Street v. Board of Com’rs, 180 Okla. 177, 68 P. 2d 514, and G. A. Nichols, Inc., v. Simpson, 194 Okla. 81, 147 P. 2d 437. The rule followed by these decisions, and which prevails generally throughout the country, is that a description of real…