KNAUSS, Chief Justice.
The parties to this writ of error are here in inverse order of their appearance in the trial court, where defendant in error was plaintiff and plaintiff in error was defendant. We shall refer to them as plaintiff and defendant as they appeared in the trial court, or by name.
This is the second time this case has been before this court. The issues herein are aptly set forth in Bushner v. Bushner, 134 Colo. 509,
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