I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Agee in the opinion prepared by him for the Court of Appeal in Paramount Properties Co. v. Transamerica Title Ins. Co. (Cal.App.) 77 Cal.Rptr. 894.
Respondent’s petition for a rehearing was denied February 11, 1970. McComb, J., was of the opinion that the petition should be granted.