Worth-Huskey Coal Co. v. Columbia Malting Co.

Mr. Presiding Justice Thomson

dissenting: While I concur in the view that the judgment of the trial court in this case should be reversed, my position is that the case should not be remanded for further proceedings. There is no difference of opinion in this court on the proposition that both the Malting Company and the Coal Company failed to submit sufficient proof to make out the causes of action set forth in their respective statements of claim.

Inasmuch as the Malting Company failed to submit sufficient proof to make out the cause of action set forth in its statement of claim, the motion…