Bilby v. Bilby

I regret that I cannot concur in the majority opinion, regret that a conclusion has been reached from which I feel it my duty to dissent.

In my opinion and judgment, formed from a reading of the record and the briefs and authorities cited, as well as many other authorities not cited in the briefs, it is my clear conviction that the record has been misinterpreted and misconstrued, and that the law has been erroneously applied.

This was not a suit to enforce specific performance of a written contract, nor a contract which had to be reduced to writing to become effective, which appears to be the…