I dissent. I would affirm the judgment on the ground that under the facts of this case the detriment suffered by the plaintiffs is, as stated by Mr. Justice Schauer in his dissent, “the additional amount they were compelled to expend to obtain what both plaintiffs and defendant had contemplated they should obtain.”
Respondents ’ petition for a rehearing was denied November 17, 1954. Shenk, J., and Schauer, J., were of the opinion that the petition should be granted.