Maynard v. Dorner

J. H. Gillis, P. J.,

(dissenting). I do not agree with my colleagues. The lower court opinion does resolve the essential contested factual and legal issues with "brief, definite and pertinent findings and conclusions”. GCR 1963, 517.1. The Dorners’ relationship is immaterial since, as the evidence clearly shows, defendants held themselves out to the public as operating a business, an act to which Mrs. Dorner consented. A joint and several judgment is not improper in these circumstances. We do not substitute our judgment in a nonjury case unless the facts show an opposite result must be reached. Leidig v Rockwood & Co, 48 Mich App 248; 210 NW2d 257 (1973).

I vote to affirm the trial court.