The following memorandum was filed June 25, 1941:

Upon this appeal Mr. Justice Fowler, Mr. Justice Fairchild, and Mr. Justice Martin are of the opinion that the judgment should be affirmed. Mr. Chief Justice Rosenberry, Mr. Justice Fritz, and Mr. Justice Wickhem are of the view that the judgment should be reversed. This situation necessarily results in affirmance of the judgment appealed from. Zohrlaut v. Mengelberg, 148 Wis. 592, 134 N. W. 1135.

Judgment affirmed.

The following memorandum was filed October 7, 1941:

(on motion for rehearing.) Mr. Justice Fowler, Mr. Justice Fairchild, and Mr. Justice Martin are of the view that the findings of fact of the lower court are not against the great weight and clear preponderance of the evidence.

The motion for a rehearing is denied with $25 costs.