
    No. 8990
    First National Bank of Fort Collins v. Daniels Mercantile Company.
    Judgment affirmed, on the authority of First National Bank of Fort Collins v. Shafer et al., ante.
    
    
      Error to Weld County Court, Hon. Herbert M. Baker, Judge.
    
    Messrs. Lee & Shaw, for plaintiff in error.
    Mr. John Paul Lee, for defendant in error.
   Chief Justice Hill

delivered the opinion of the court:

This action was tried with No. 8989, The First National Bank of Fort Collins, plaintiff in error, v. John E. Shafer and Bert A. Shafer, doing business as The Shafer Hardware Company, defendants in error. The same state of facts applies to both. The opinion in the other case controls this and justifies an affirmance of the judgment, which is ordered.

Affirmed.

Decision en banc.

Justices White, Garrigues and Bailey dissent.  