The following opinion was filed May 17, 1938:

The question sought to be raised in this case is the same question dealt with in a companion case, Kalb v. Luce, ante, p. 519, 279 N. W. 685, 280 N. W. 725, and for the reasons there stated the order sustaining the demurrer to the complaint should be affirmed.

By the Court. — The order appealed from is affirmed.

The following memorandum was filed June 29, 1938:

(on motion for rehearing). The memorandum in No. 105, Kalb v. Luce, ante, p. 519, 279 N. W. 685, 280 N. W. 725, covers both cases, and for the reasons stated in No. 105, the motion for rehearing is denied.

By the Court. — Motion for rehearing is denied without costs.