This is a companion case to Giddings v. Nefsy, 52 S. D. 436, 218 N. W. 18, this day decided, and is likewise before us on rehearing. For the former opinion see 51 S. D. 72, 212 N. W. 512. In this case also the former opinion is adhered to.
SHERWOOD and BROWN, JJ., concur. BURCH, P. J., and POLLEY, J, dissent.