The opinion
Millard, J.
(dissenting) — The jury found — that advisory verdict was accepted by the trial court — that Mr. Funkhouser’s story of the transactions was true and disbelieved the contrary version by Mr. Kramer. The trial court and jury were in a better position than this court to pass on the facts, and we should respect their determination of the question of fact presented. The judgment should be affirmed on mining company’s appeal and reversed on plaintiff’s cross-appeal.