Monaco v. Bennion

DUNLAP, Justice,

Pro Tern., dissenting.

The record in this ease reflects that the apparent issue of estoppel discussed in part I of the majority opinion was not resolved by the trial court. This issue was raised by the pleadings and is one of both law and fact.

The failure of the Court to determine this issue is not explained, was not assigned as error on appeal, mentioned in any of the briefs or urged on oral argument. No new trial was requested. In view of this state of the record, I am not willing to engage in the exercise of the intellectual snobbery of raising and determining this issue on…