Beedle v. Carolan, Co. Attorney

I dissent. This court’s opinion was grounded chiefly on two former decisions of this court: Black v. Martin, 88 Mont. 256, 292 Pac. 577, and Lisoski v. Anderson, 112 Mont. 112, 112 Pac. (2d) 1055, 1056. On further consideration I am convinced that there is a material difference between those cases and this. In the Black case it was held that whether or not the release of one tort-feasor in a compromise settlement released a joint tort-feasor was governed by the intention of the parties as shown by their written compromise agreement.

The compromise settlement, of course, was a contract to bu…