Houston Corp. v. Hofmann

Although I am in accord with the ultimate conclusion reached, I do not agree with the reasons advanced for this conclusion.

I feel a chronology of the case which gave rise to the appeal would be helpful. The appellee, on January 11, 1960, filed a complaint for damages. A motion to dismiss this complaint was filed on January 27, 1960, and after notice and argument, the following order, dated February 8, 1960, was entered:

“Upon hearing, after notice, and the court being fully advised in the premises, it is

“CONSIDERED, ORDERED and ADJUDGED that the Complaint be and is hereby dismissed, with leave…