In this — the second case — the appeal was heard on the record presented in the case of Ott v. Kelley, ante, 361,252 N.W. 269, argued at this term. The case is presented on the same record, the same briefs and with the same argument. It is governed by the same rule.

The judgment is affirmed.

BURR, Ch. J., and BURKE, NUESSLE, CHRISTIANSON and MOELLRING, JJ., concur.