Canal St. Garage & Auto Servicing Co. v. Allen

The conclusion reached by the majority of the court in this case seems to be based mainly on statements made in the opinions in Thurston v. Miller, 10 R. I. 358, and Clark v. Baker, 47 R. I. 1, and which are admitted in the foregoing opinion to be only dicta. A careful consideration of the language of the opinion in the former of those two cases has fully convinced me that the statement therein which was relied upon in the opinion in the latter of them and in the opinion of the court in the instant case was not even a dictum in favor of the conclusion that a sale of real estate for the…