Gage v. Morse ( 1996 )

CROW, Judge,

concurring in result.

I concur in the principal opimon in all respects except its holding that the trial court did not err in refusing to dismiss Plaintiffs “warranty count” and receiving evidence in support of that count.

I would not reach that issue because, as underscored by the principal opimon, error without prejudice is no ground for reversal. I agree with the principal opimon’s analysis of the prejudice issue and its conclusion that the evidence complained about by Defendant did not materially affect the merits of the case.