I dissent.
I concur in the views expressed in the dissenting opinion of Mr. Justice Schauer and for the reasons there stated and also for the reasons stated in my concurring opinion in Fraenkel v. Bank of America, 40 Cal.2d 845 at page 851 [256 P.2d 569], I would reverse the judgment.
Appellant’s petition for a rehearing was denied May 15, 1957. Shenk, J., Carter, J., and Schauer, J., were of the opinion that the petition should be granted.