I dissent. I would reverse the judgment for the reasons expressed by Mr. Justice Frampton** in the opinion prepared by him for the Court of Appeal in Metropolitan Life Insurance Co. v. Devore (Cal.App.) 51 Cal.Rptr. 331.
Appellant’s petition for a rehearing was denied April 5, 1967.
Retired judge of the superior court sitting under assignment by the Chairman of the Judicial Council.