
    Kerr v. Herred.
    Opinion filed February 23, 1907.
    Appeal from District Court, McLean County; Winchester, J.
    Action by O. W. Kerr against Neis O. Herred. Judgment for defendant and plaintiff appeals.
    
      (111 N. W. 615.)
    Reversed and remanded.
    
      M. C. Spicer and Turner & Wright,.for appellant.
    
      Geo. P. Gibson, for respondent.
   Per Curiam.

Following the case of Kerr v. Anderson (decided this term), 111 N. W. 614, 16 N. D. 36, the order denying the motion for a new trial is reversed, and the cause remanded for further proceedings.  