
    North American Trust Company v. The Phelps-Bigelow Windmill Company et al.
    
    No. 12,943.
    (71 Pac. 1129.)
    Error from Marion district court; O. L. Moore, judge.
    Opinion filed February 7, 1903.
    Affirmed.
    
      H. S. Martin, and W. J. Patterson, for plaintiff in error..
    
      Keller c& Dean, for defendants in error.
   Per Curiam:

The plaintiff in error seeks in this proceeding to have reconsidered the same question which was determined in Phelps v. Trust Co., 62 Kan. 529, 64 Pac. 63. We see no reason to change the conclusion reached in that case.

The judgment of the court below will be affirmed.

Johnston, C. J,, Buroh, J., dissenting.  