# Rodabaugh v. Tekus

> California Supreme Court · July 14, 1952 · 39 Cal. 2d 290

URL: https://www.frixlaw.com/law-library/cases/9549608

## Case

- **Full name:** DESSIE S. RODABAUGH Et Al., Appellants, v. PAUL TEKUS, Respondent
- **Court:** California Supreme Court
- **Decided:** July 14, 1952
- **Citations:** 39 Cal. 2d 290; 246 P.2d 663; 1952 Cal. LEXIS 259
- **Precedential status:** Published
- **Opinion:** Concurrence by Schauer
- **Judges:** Spence, Schauer, Carter
- **Cited by:** 62 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9549608

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9549608. Public record. Not legal advice.