I concur in the conclusion to reverse, but dissent from the direction to enter judgment against appellant, and from the principle announced on the first branch of the case.
Per Curiam.For the reasons assigned in the foregoing opinion the judgment is reversed and the cause remanded to the district court, with instructions to enter judgment for the appellee, on the finding of the jury, for the sum of $210; the appellant to recover his costs in this court. . Reversed.