Delta Township v. Eyde

For purposes of this dissent we adopt the opening paragraph of the majority opinion as a proper statement of the factual background controlling in this case. We do not go into any discussion of the legal principles enunciated in the majority opinion because we feel *491this proposition turns on a factual determination regardless of the merits of the principles of law set forth by the majority.

A careful reading of the transcript indicates that starting with the petitioner’s opening statement the entire matter was submitted to the jury on the issue of "proper amount of money to be paid * * * for…