The questions presented in this case have been reargued and carefully reconsidered, and the court adheres to the former decision therein. (Stratton v. Rotrock, 84 Kan. 198, 114 Pac. 224.)

(dissenting): The findings of the trial court • do not, in my opinion, warrant this court in directing that judg■.ment be entered in favor of the appéllant.