Best v. Kelley , 22 Wash. 2d 257 ( 1945 )

The judgment should be affirmed. The evidence depended upon by the majority is not sufficient to justify this court in overturning the judgment of the trial court, based as it was upon conflicting testimony.

In addition, I feel that the court should be governed byOllinger Co. v. Benton, 156 Wash. 308, 286 P. 849; and Bloomv. Christensen, 18 Wash. 2d 137, 138 P.2d 655.

MILLARD, J., concurs with SIMPSON, J.

April 10, 1945. Petition for rehearing denied.