concurring in the foregoing opinion but with separate comments.
*111I concur with the Opinion of the majority. The decision of the District Court was without question, erroneous. What bothers me however, is the failure of respondent’s attorney to file a brief in this Court. This Court is, of course, obligated to render justice to the parties in the best way that it can. This task is made considerably more difficult when the attorney for the prevailing party fails to file a brief in defense of the judgment in the District Court, even though never repudiating the benefits of that judgment by admitting that the District Court was manifestly in error. This is not the way the practice of law should be practiced.