Reinhart & Donovan Co. v. Guaranty Abstract Co.

I think this case should be tried and determined on its merits as was the case in Federal Court referred to in the majority opinion. National Life v. Parkinson, 136 Fed. 2d 506.

In my view it is erroneous to hold this plaintiff barred or estopped by that former action. It is apparent from reading this majority opinion and that opinion, 136 Fed. 2d 506, that the issues are not identical as regards general abstracting usage, custom and practice, on account of the year’s difference of time in the abstracts and certificates sued upon.

The Federal decision emphasizes the trial court’s finding as to…