Taussig v. Bode & Haslett , 134 Cal. 260 ( 1901 )

McFARLAND, J., concurring.

I concur in the judgment of reversal. I also concur in the opinion of the chief justice, except so far as it might be construed to intimate that the evidence showed any negligence. whatever on the part of appellant. In my opinion, the respondents would not have been entitled to recover, under the contract, and upon the evidence, if the instructions had been entirely free from error.