(concurring). Without committing myself to an indorsement of all the reasoning contained in the opinion of the Chief Justice, I concur fully in the result upon the ground that the evidence admitted, without objection showed that the plaintiff *536sued the wrong person. This evidence was uncontroverted, and hence, in my opinion, it was error in the court below to direct a verdict in plaintiff’s favor.
(72 N. W. Rep. 921.)