Kerby v. Bott , 160 Kan. 566 ( 1945 )

Harvey, C. J.

(dissenting in part): I concur in holding stated in paragraph 1 of the syllabus and in subdivisions 1, 2 and 3 of paragraph 2 of the syllabus, but dissent from the holding in subdivision 4 of paragraph 2 of the syllabus, and dissent from the order of reversal and granting a new trial. I think the judgment of the trial court should be affirmed.