
    BUTLER v. COLLINS.
    Appeal from the District Court of the Sixth Judicial District, County of Sacramento.
    
      Winans, McKune & Johnson for Appellant.
    
      W. S. Long & Beatty for Respondent.
   Terry, C. J., delivered the opinion of the Court—

Field, J., concurring.

The allegations in the complaint are not supported by the evidence; and it is clear, from an examination of the record, that the plaintiff has mistaken his form of action, and that his remedy is in contract and not in tort.

Judgment reversed.  