Breeden v. Edmenson

BURNETT, Judge,

specially concurring.

I agree with the ultimate conclusion that the judgment must be vacated and the case remanded. Rather than joining in the court’s entire opinion, I reach this result upon the narrow ground that the magistrate failed, in his findings of fact and conclusions of law, to distinguish clearly between insuring the vendor’s interest and insuring the vendee’s interest. This distinction is crucial to understanding the issues in the case. The magistrate’s failure to articulate and to apply this distinction has produced ambiguity in his findings of fact concerning…