Mutual Refining Co. v. Union Refining Co.

I dissent to the view of the majority as expressed in the opinion of this court speaking through the Honor-able Vice Chief Justice Branson.

The syllabus of the majority opinion reads, in part, as follows:

“An instruction which is intended to go to the law of the case, which indicates to the jury that it might find for the plaintiff on the doctrine of innocent purchaser for value without notice,' whereas same was never pleaded, and there was no evidence before the jury which as a matter of law would give plaintiff the benefit of such doctrine, a verdict based thereon must be set aside. ”

I…