Salt Lake Home Builders, Inc. v. Colman

For the reasons stated in my dissenting opinion in the case of Page v. McAfee1 I am unable to agree with the prevailing opinion herein. However, I wish to give other reasons why I cannot concur in this matter.

The prevailing opinion seems to me to “curry the calf” 2 too much.

The first case cited in the opinion is that of American Mutual Building & Loan Co. v. Jones, et al.3 That was a case wherein the county was made a party to the lawsuit. There, as in the instant matter, the county disclaimed any interest in the land in question. This Court in that case stated:

The order of the lower court…