Speer v. Kratzenstein

On rehearing the majority of the court has seen fit to recede from the former opinion appearing, ante, p. 300, 9 N. W. (2d) 306. I cannot concur in the new opinion, hence this dissent. For the purposes of this dissent the former opinion is adopted herein by reference. I feel strongly that the former opinion is correct in statement and conclusion and I shall seek to avoid repetition of either substance or literal statement therefrom so far as possible. My purpose here shall, in the main, be an effort to point out what I consider some of the fallacies of the majority opinion on rehearing :

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