Sullivan Enterprises, Inc. v. Stockton

On motion for rehearing, the appellant has convinced me that the opinion as written is based upon a false premise, not supported by the evidence, and which, if standing unchallenged, would permit the trial of this case upon an erroneous theory as to the presumptions arising from the evidence adduced. Under these circumstances, while I agree with the affirmance, I feel impelled to dissent from the rulings made.

The majority opinion is based upon the premise that the notice of attorney’s fees was mailed, properly addressed and directed to the plaintiff corporation generally. Such is not borne…