Dorsey v. Oregon Motor Stages

(Dissenting.)

As I view it, the first so-called finding of the trial court quoted at the outset of this court’s opinion is not a finding of fact. A conclusion without a basis of fact upon which it may be founded is a nullity.

The second finding is contradicted by the only testimony in the record on the subject.

In my opinion, to take an agreement to which the plaintiff was not a party and which was voluntarily executed by the defendant and the Government, and by its terms attempt to prove that it was executed under governmental coercion and hence is a complete release and exoneration of all…