The opinion
Bbown, J.,
dissenting upon the ground that under the findings of fact made by the referee, the proposition discussed by Judge Haight is not available to the appellant in this court. The point is not made in the appellant’s brief and was not argued orally and does not appear even to have been raised in the case.
All concur, except Bbown, J., dissenting, Bradley, J., not voting and Follett, Ch. J. not sitting.
Judgment reversed.