I concur in the judgment. I am of opinion, however, that the sufficiency of the evidence to support an estoppel is not involved. The facts constituting an estoppel were not pleaded, and, therefore, in my opinion, all of the evidence tending to establish such estoppel was improperly received and the court erred in relation thereto.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on May 13, 1913.