Cary v. Wentzel , 39 Cal. 2d 491 ( 1952 )

CARTER, J.

I dissent.

The views which I have expressed in my dissenting opinion in Leipert v. Honold, ante, p. 462 [247 P.2d 324], this day filed, are equally applicable to this case.

I would, therefore, affirm the order granting a new trial on the issue of damages only.