
    Deatherage & Ewart v. Frank Howenstein.
    The case of Deatherage v. Henderson, ante, p. 684, followed.
    
      Error from Wabaunsee District Court.
    
   The opinion of the court was delivered by

Horton, C. J.:

This case was submitted to this court at the same time as Deatherage v. Henderson, just decided. All the questions involved herein were also involved in that case; therefore, upon that authority the judgment of the district court will be reversed, and the cause remanded for a new trial.

All the Justices concurring.  