Distinguished
Distinguished by Philo v. Lancia, 256 Cal. App. 2d 475 (1967)
Tekus, supra, 39 Cal.2d 290, is distinguishable in several material respects.
The opinion
SCHAUER, J., Concurring.
In my view there appears no substantial and legally sound basis for distinguishing this case, in favor of a reversal here and an affirmance there, from Peterson v. Burkhalter (1951), 38 Cal.2d 107, 114 [ 237 P.2d 977 ]. In the interests of clarity of principle I think that the last cited case should either be followed or expressly overruled. Since I believe that the Peterson case is erroneous, as pointed out in my dissent (p. 114 of 38 Cal.2d), I would overrule it. With such further statement of grounds I concur in the opinion and judgment.