Denied.
DIXON, J., would grant the writ and order the jury trial, for the reason that the issue of extinguishment was a new issue raised by the supplemental answer, and a special defense which must have been pleaded before it could be raised. The issue was not disposed of by the Court of Appeal, it does not appear to be meritorious, on its face, but that conclusion cannot be firmly made on the bare allegation in the amended answer.
CALOGERO, J., would grant...
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