(specially concurring). I agree in the reversal, and in the opinion as prepared by Mr. Justice Christianson. However, I deem it proper to say that I regard the decision as involving the principle discussed in Moore v. Palmer, 43 N. D. 100, 174 N. W. 93, and *561as deciding contrary thereto. It, in fact, overrules Moore v. Palmer, and, in my opinion, that ease should be overruled.