Hubbard v. Marsh

(dissenting) — I respectfully dissent from the majority opinion. The opinion, in my judgment, misconstrues the contract sued upon, enlarges its terms, deals with matters not involved and appealed from, and avoids others which, in my opinion, are decisive in the case and which would support the ruling of the trial court. The majority opinion seems to discuss but one issue and that is the basis for the holding — the so-called ambiguity of the contract letter as set forth therein.

The majority opinion purports to set forth two grounds urged by plaintiff in his appeal. The grounds set forth are…