(dissenting). It seems to me that the court has stated the facts for the plaintiff much too strongly. On the facts as found I do not disagree with the legal inference. But with my view of the circumstances I am compelled to agree with the opinion of E. Hand, J., in the lower court. For the rule of law very authoritatively stated, see Kelley v. Boettcher, 85 Fed. 55, 29 C. C. A. 14.