Dawson v. Laufersweiler

(dissenting) — I respectfully dissent from the majority opinion. Howeyer, I desire to express my disapproval of it.

I. The case of Bevington v. Otte, 223 Iowa 509, 518, 273 N.W. 98, 102, should be, and in my opinion is, controlling in the case here reviewed. But the majority opinion states it is not. I believe it should not be distinguished.

The Bevington v. Otte case was decided by this court in 1937 and has not been questioned since that time. It was therein stated:

«# * * w,e see ri0 justification whatever for the defendants’ attempt to intrude a commercial enterprise into this purely…