THE COURT.
The court feels constrained by the unusual facts of this case and the questions of law involved to state its reasons for reversing the judgment and remanding the case for a new trial.
The cause was tried by the court without a jury and the evidence was not reported. The record on appeal includes (inter alia) an engrossed statement of the evidence, findings of fact, conclusions of law, and judgment. Plaintiff appealed upon the customary grounds...
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