On Rehearing.

— The majority of the court is satisfied, upon the argument' En Banc, with the result announced in the Departmental decision, Schneller v. Vincent, 131 Wash. 238, 229 Pac. 737, although there may he some question aá to whether the facts establish an agreement on the part of the respondent to pay the appellant the balance due on the mortgage.

The judgment is therefore reversed.