E & M Motel Management, Inc. v. Knight

It is-always with reluctance that I disagree with my brethren. However, this was a four to' four decision as shown by the controlling' opinion, and I am forced to record1 the reasons which influenced those of us not feeling as the writer of the main o'pfeion and; those concurring with him.

With all deference, we first desire to direct- attention to some statements of the controlling-opinion. We do this, not in a sense of criticism, but because we consider these . statements,. except the first mentioned, as lending support to our position.

The ma.in. opinion states twice that the appelleé wáis…