It was conceded at the oral presentation that the assignments of error upon which the decision depends call for a reconsideration of various' questions decided adversely to the appellant in the case of Caspar v. Lewin, 82 Kan. 604, 109 Pac. 657. After such reconsideration the court adheres to the *983rules of law stated in the syllabus of the case cited. Those rules were properly applied'by the district court in all the matters complained of and its judgment is affirmed.