Martin v. Jones, 7766

• Citation: 261 P.2d 174,123 Utah 603
• Decision Date: 15 September 1953
• Docket Number: No. 7766,7766
• Parties: Clarence P. MARTIN, Appellant, v. Ralph L. JONES, d/b/a Mountair Pharmacy, Respondent.
• Court: Supreme Court of Utah

Page 174

261 P.2d 174

123 Utah 603

Clarence P. MARTIN, Appellant, v. Ralph L. JONES, d/b/a Mountair Pharmacy, Respondent.

No. 7766.

Supreme Court of Utah.

Sept. 15, 1953.

McCullough, Boyce & McCullough, Salt Lake City, for appellant.

Stewart Cannon & Hanson, Edward M. Garrett, Ernest F. Baldwin, Jr., Salt Lake City, for respondent.

PER CURIAM.

This case was reargued upon rehearing granted. The facts and the law have been re-examined and the court has been fully apprised in the premises.

A majority of the court is of the opinion that the previous decision in this case, reported at 253 P.2d 359, should be affirmed for the reasons stated therein. It is so ordered.

HENRIOD, J., dissents.

HENDRICKS, D. J., dissents for the reasons set forth in his former dissenting opinion.

CROCKETT, J., having disqualified himself, did not participate herein.