SMITH, CULVER, Associate Judge.
This appeal is brought from a partial summary judgment entered on count I of the second amended complaint and from a dismissal with prejudice of the third amended complaint. The original plaintiff was Margaret Wirth, who passed away during the course of the litigation. The appellant was substituted as plaintiff by order filed June 16, 1966. Margaret Wirth will hereafter be referred to as the deceased.
The case arises from an...
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