The opinion of the court was delivered by

The motion of appellant for a rehearing in this case was granted. (For original opinion, see United States Hoffman Machinery Corp. v. Ebenstein, 150 Kan. 790, 96 P. 2d 661.) Supplemental briefs have been filed, and the case has been reargued. We have examined the questions presented and argued, and adhere to the conclusions reached in our former opinion.

The judgment is affirmed.