McManus v. Fulton

I dissent. Upon consideration of the petition for a rehearing I have given further earnest thought and study to this case which has tended only to confirm my views as to the correctness of the result reached in the original majority opinion. The balance in the scales of justice has been turned, but not so with my opinion. I still maintain the soundness of my conclusions reached in the original opinion.

In this action the plaintiff seeks to recover damages for alleged breach of contract. The complaint sets forth two causes of action, the first of which is predicated upon the sale by the…