concurring.
I concur in the result of the majority opinion, but solely for the reason that the basic issues presented for decision in this case have been previously decided adversely to the plaintiff by the majority of this court in Gorham v. Swanson, 253 Or 133, 453 P2d 670 (1969), and in Cogburn v. Roberts Supply Co., 256 Or 582, 475 P2d 67 (1970).