Potter v. Gilkey

McCLINTOCK, Justice.

This is the second appeal of this case. 1 Only the defendant, Ned N. Tranel, appears to have been satisfied with the second judgment and Eloise Gilkey, plaintiff below, 2 and Gayle Potter, defendant, counterclaim-ant and cross-claimant below, have both appealed to this court. We conclude that the trial court has not properly applied the principles announced by us in our earlier opinion and further erred in dismissing the cross-claim of Potter against Tranel. As between Gilkey and Tranel and as between Gilkey and Potter, we think that the record is in such condition that we…