On Rehearing
*32William G. Ralston, Portland, argued the cause for appellant. With him on the brief were Phillips & Sandeberg, Portland. Philip A. Levin, Portland, argued the cause for respondent. "With him on the brief were Peterson & Lent, Portland. Before McAllister, Chief Justice, and Rossman, Lusk*, Warner, Perry, Sloan and O’Connell, Justices.Former opinion adhered to.
MEMORANDUM.
The court having heard arguments upon a rehearing of this matter and having reconsidered all questions involved in this appeal, as well as matters in its former opinion asserted by plaintiff to have been in error, adheres to its former opinion.
Warner, J. adheres to the specially concurring opinion of Lusk, J. The specially concurring opinion of Sloan, J. is withdrawn. O’Connell, J. adheres to his dissenting opinion and is now joined by Sloan, J.