(concurring) :
I agree with the affirmance of the judgment, because the trial court could determine as a matter of law (1) that no contract was entered into; and (2) that in any event, the plaintiff could show no damage, because he sold his property without any lessening of the price due to lack of the easement.
HENRIOD, J., concurs in the views expressed in the concurring opinion of CROCKETT, J.