Nielsen v. Rucker , 8 Utah 2d 302 ( 1959 )

HENRIOD, Justice.

I concur, but with some doubt as to the advisability and wisdom of sending the case back to re-assess attorney’s fees. I am not aware of the circumstances surrounding the award, and I have misgivings as to whether the main opinion’s rather general appraisal of the service rendered makes it obvious that the trial court acted without reason, arbitrarily and capriciously with respect to this aspect of the case, but reasonably with respect to the remainder of its decision, he being the arbiter of the facts in both instances. In saying so, I do not believe I am being inconsistent with previous pronouncements I may have made favoring additional adequate compensation for the services of attorneys.

CROCKETT, C. J., concurs, and also concurs with the views expressed by HEN-RIOD, J.