(concurring specially). I concur in an affirmance, but am not prepared to hold that the questions involved in this case are moot. I am of the opinion that every legal question raised on this appeal is controlled by the decision of this court in Boettcher v. McDowell, 43 N. D. 178, 174 N. W. 759, and that, under the rules announced in that case, the judgment appealed from is correct.
Birdzell, C. J., concurs.