The application is denied. On the facts found by the Court of Appeal the result reached by it is correct.
BARHAM, J., is of the opinion the writ should be granted. Even under the facts found by the Court of Appeal the result is contrary to law. See Hall v. Godchaux, 149 La. 733, 90 So. 145; Melerine v. Dem. Exec. Comm., 164 La. 855, 114 So. 711; McIntire v. Carpenter, La.App.,
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