Land-Air, Inc. v. Parker

I regret that I cannot concur with the decision of the majority, for I believe their decision in this case is wholly unsound as a matter of agency law, and sadly unwise as a matter of judicial policy.

The majority lays great emphasis on the following statement:

“Under established principles of appellate procedure, we must affirm the trial court if 'we can on any reasonable view of the evidence deduce therefrom facts which, on any theory of the law, would sustain the judgment.’ ” (Emphasis added.)

With this statement I wholeheartedly agree. However, I depart from the majority in what they…