Truesdale v. Friedman , 1965 Minn. LEXIS 770 ( 1965 )

Rogosheske, Justice

(concurring specially).

I concur in the result, being of the opinion that our holding should be limited to declaring that the court erred in submitting issues neither pleaded nor litigated by consent upon a theory of liability neither pleaded nor asserted at trial.

Otis, Justice

(concurringspecially).

I am in agreement with the concurring opinion of Mr. Justice Rogo-sheske.