
    [No. 16974.
    
      En Banc.
    
    April 6, 1923.]
    Lucy Barton, Appellant, v. Vito Tombari et al., Respondents. 
      
    
    Appeal from a judgment of the superior court for Spokane county, Huneke, J., entered May 24, 1921, upon findings in favor of the defendants, in an action for rescission, tried to the court.
    Modified.
    
      Lucius G. Nash and Harry Rosenhaupt, for appellant.
    
      Fred S. Duggan, for respondents.
    
      
       Reported in 214 Pac. 170.
    
   On Rehearing.

Per Curiam.

— Upon a rehearing En Banc, a majority of the court adhere to the Departmental opinion heretofore filed, as reported in 120 Wash. 331, 207 Pac. 239, and for the reasons there stated, the decree appealed from is modified as there indicated.

Holcomb, J.

(dissenting) — For the reasons stated in my dissent to the preceding opinion in 120 Wash. 331, I dissent.  