McArthur

Appeals were taken to this court by the defendant and the intervener from a judgment for the plaintiff and an order denying a motion for new trial. These appeals were subsequently ordered transferred to the district court of appeal for the second appellate district for hearing and determination. The justices of that court were unable to agree, and, upon their disagreement, the cause again came to this' court.

Upon the hearing in the district court of appeal the following opinion, prepared by Gray, P. J., and concurred in by Allen, J., was filed:—

“The situation is well stated in respondent’s brief as follows :—

After examining the record and briefs, and in the light of the oral argument made, we are entirely satisfied with the views and conclusions expressed in the foregoing opinion, and hereby adopt it as the opinion of this court.

The judgment and order are affirmed.

Shaw, J., and Angellotti, J., concurred.

Hearing in Bank denied.