Ryan

This action was before the court on a prior occasion, Ryan v. Mike-Ron Corp., 226 Cal.App.2d 71 [ 37 Cal.Rptr. 794 ], The opinion therein was filed March 30, 1964, reversing judgment and returning the matter to the trial court for further action. Shortly thereafter (opinion filed May 24, 1964), the Supreme Court in Keene v. Harling, 61 Cal.2d 318 [ 38 Cal.Rptr. 513 , 392 P.2d 273 ], had before it a very similar case and established a contrary rule to that enunciated in Ryan v. Mike-Ron, supra. When this present matter again came before the trial court, a pretrial hearing determined the decision in Ryan v. Mike-Ron Corp., supra, to be the “law of the case.” Later, trial judgment was entered awarding plaintiffs $5,000 based on the formula set forth in Ryan v. Mike-Ron, supra.

The sole question to be decided is whether the “law of the case” doctrine is applicable to the former opinion of this court. Plaintiffs contend the present situation should be regarded as an exception to that doctrine, arguing it should not preclude the court from reaching subsequent contrary decision when the law has been clarified in the interval between two appeals and it is apparent the ends of justice so…