Alexander Myers & Co. v. Hopke

(dissenting) — The majority has based its opinion upon three types of contact between plaintiff and defendants which are said to result in actionable misrepresentation. My review of the record reveals no basis for that conclusion.

The first type of contact is an assumed actionable misrepresentation by the alleged agent of defendant. The majority opinion is based primarily upon the assumed existence of an "agency" between the real estate broker, Estvold, and the. defendants Hopke. In making that assumption the majority has overlooked the fundamental premise that "agency" is not itself a fact.…