O'DELL v. Goodsell

I respectfully dissent from the majority opinion. In dissenting it becomes necessary to direct particular attention to two startling fallacies of the majority opinion since these fallacies furnish in part if not in whole the premises from which flow the ultimate factual and legal conclusions of the opinion.

One of these involves the application of the legal theory that a case will be disposed of on appeal on the theory on which it was presented to the trial court by the parties.

The other involves the application of the rule that parties- to an action will be bound by the admissions made in…