Fink v. Williamson

(Dissenting). — I dissent for the reason that I cannot agree with the conclusions reached hy the other two members of the court. Before the court can decree the law it must have before it a clear understanding of the facts. The factual situation in this case is as follows, disclosed by the transcript of evidence, the exhibits in the case, and the admissions in the briefs.

On March 9, 1942, the prospective purchaser sought out the plaintiff and told him that he had heard of the Pink place and was desirous of seeing it. At that time the plaintiff had no listing of the Fink property. On March…