
    Heiby W. Ungerer, Respondent, v. Ansel A. Howard, Appellant.
   Judgment and order reversed on the facts and a new trial granted, with costs to appellant to abide the event. All concur, except Thompson, J., who dissents and votes for affirmance. Present — Sears, P. J., Crouch, Taylor, Edgeomb and Thompson, JJ.  