Morthland v. UTE Liner, Inc.

(supplemental dissent).

I agree with what is said in the dissent of Justice Ellett. However, it is my view that this case should be remanded for a trial and for findings of fact upon what I regard to be the controlling issues in this case: whether there was in fact any knowledge or acquiescence on the part of, or properly imputable to the defendant, Ute Liner, Inc., as to the possession of the motor home .by Manchester Auto Sales, and as to how the certificate of origin got into its hands, or those of Classic Cars, Inc.

These deficiencies of this record are to be regretted: (a) that upon a case…