DesGeorges v. Grainger

I must dissent from the majority opinion. It is a glaring example of the truth of the saying that “hard cases make bad law.” It is also a striking illustration of an appellate court attempting to do what it feels is substantial justice as distinguished from correcting errors.

We have a relatively simple case involving a contract between the parties. The rights, duties and obligations of the parties, alone are concerned. No interest of the Indians can be affected by this decision and I fail to see how the rescission or nonre-scission of the contract contains any question of a general public…