This case came on to be heard on the record and briefs and oral argument of counsel;

*154On consideration whereof the judgment appealed from is affirmed upon the grounds and for' the reason stated in the findings of fact, conclusions of law, and judgment and declaration of rights entered by the District Court October 27, 1950, and upon the grounds and for the reasons stated in the memorandum of the District Court filed September 10, 1951.