Maxwell v. Cardinal Petroleum Corp.

I respectfully dissent. I would reverse and remand this case for a new trial because questions of fact were raised in the trial court that should have been submitted to the jury for determination.

Even though the majority opinion contains the statement that only favorable evidence to Maxwell was considered and all adverse evidence was disregarded, a close examination of the opinion reveals the contrary to be true. Plaintiff’s case is stated in its worst possible light.

In the series of points, plaintiff has brought before this court, it is first insisted that the evidence did not establish…