OPINION
PARKER, Justice.
Both defendant and plaintiff have appealed from the judgment in this case. The appeals were discussed and presented as two cases in the briefs but as one in oral argument. They will be considered in our discussion as separate phases of the same case.
The facts as relevant in the appeals may be summarized as follows: On September 22, 1950, plaintiff, Edmund Leet, a Wheatland real estate...
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