City of West University Place v. Pleasant

I concurred in the order reversing and remanding this cause generally for retrial, and in the reasons given in the opinion for doing so.

I concurred because the fact of Rafferty’s municipal officership and its effect had not been found upon by the trial court, and I shared the opinion of my associates that the record did not make such officership sufficiently appear. The motion for rehearing and the argument on it has convinced me that the stipulation “that J. H. Rafferty was the duly appointed, qualified and acting city engineer of the City of West University Place at all material times.…