Bowyer & Johnson Construction Co. v. White

I concur in that part of the majority opinion which results in the affirmance of plaintiffs’ judgment as against the appeal of Cordova Sand & Gravel Company.

For the reasons hereafter stated, I dissent from the result reached and the reasons given for that result in respect of Bowyer & Johnson’s appeal.

With deference to my brothers, the errors of this part of their opinion are basic and fundamental. Indeed they spring from the complete ignoring of the effect of undisputed and controlling facts of record and an equally complete ignoring of hornbook law with respect to the defense of independent…