McCandless v. Lansing

DISSENTING OPINION OF

PERRY, J.

While concurring- in the foregoing opinion in so far as it is there held that the quitclaim deed was a sufficient act of disaffirmance, that the defendant’s claim of estoppel against Malaea cannot upon the undisputed facts be supported, and that when, as in the case at bar, the facts are undisputed the question of whether the time within which disaffirmance is attempted is reasonable or unreasonable is for the court to determine, I feel compelled to dissent from the view that the disaffirmance by Malaea was within a reasonable time. To the circumstances of the…