The opinion
McFADDEN, Justice
(specially concurring).
The majority opinion relies on the case, Renner v. Edwards, 93 Idaho 836 , 475 P.2d 530 (1969), as the basis and rationale for reversing the summary judgment in this case. Although I still adhere to my views expressed in my dissent in Renner v. Edwards, supra, I realize that this is the law at this time and I am forced to concur in the majority opinion.