Baumgarten

After a further consideration of the merits of this appeal upon rehearing, we have concluded that the opinion written by Mr. Justice pro tem. Ogden and filed herein on September 28, 1932, expresses the pres ent opinion of this court in determining the issues presented on the appeal. Said opinion is therefore adopted as the opinion and decision of this court, and is as follows:

“Thereupon the following order was executed by Mozingo on behalf of the Blackmore Investment Company, one copy being delivered to the title company and the other to Stewart, who delivered it to respondent:

The judgment is affirmed.

A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on January 20', 1933.