McDonald v. Senn

Much of the somewhat lengthy opinion written by the Chief Justice for the majority to support soundness of the result reached represents an attempt to distinguish four California decisions, namely, Smedberg v. Bevilockway, 7 Cal.App.2d 578,46 P.2d 820; Grace v. Carpenter, 42 Cal.App.2d 301, 108 P.2d 701; McClain v. Tufts, 83 Cal.App.2d 140, 187 P.2d 818, and Grolemund v. Cafferata, 17 Cal.2d 679, 111 P.2d 641. In my opinion, the effort to distinguish these cases fails, each of them affording decisive authority for a result directly opposite that declared by the majority. The prevailing…