Wolford v. Tankersley

My concurrence in the opinion of Shepard, J., is based on my agreement with that which he has written. In particular, I am impressed with his view, expressed near the end of his opinion, that the Empeys “have been made whole by Wolford.” I *1071further agree that “If mistake there was, it was unilateral on the part of the Empeys and resulted only from the actions of their agent Wolford.” As stated earlier in his opinion, and a fact which cannot be gainsaid, “Wolford was the agent of the Empeys.” And, at the beginning of his opinion, it is beyond cavil that “the Empeys were responsible for and…