Heaton v. Smith , 136 Wash. 695 ( 1925 )

ON REHEARING. Upon a rehearing En Banc, a majority of the court adhere to the opinion heretofore filed herein, and reported in 134 Wash. 450,235 P. 958. The judgment is reversed and the cause remanded with directions to set aside the judgment already entered and pass upon the respondent's motion for a new trial.