
    THE HAMM BREWING CO. v. WIGGAM.
    (Opinion filed January 31, 1912.)
    On rehearing.
    Former opinion, 27 S. D. 613, 132 N. W. 270, affirmed.
    
      Gaify, Stephens & Puller, for appellant..
    
      John A. Holmes, for respondent.
   SMITH, J.

This case is before us on rehearing. The original opinion is reported in 17 S. D. 613, 132 N. W. 270. Upon reargument, and a careful review of the case, we are. inclined to adhere to our former decision.

The judgment and order of the trial court are reversed, and a new trial granted.

CORSON, J., concurs in the result. WHITING and HANEY, JJ., dissent.  