Attorney:
[182 Or. 551] Wesley A. Franklin, of Portland (Lord, Anderson & Franklin, of Portland, on the brief), for appellant. William C. Palmer, of Portland (A. F. Knight, of Portland, on the brief), for respondent.
Judge Panel:
KELLY, J., dissenting in part. Before ROSSMAN, C.J., and KELLY, BAILEY, HAY and WINSLOW, JJ. WINSLOW, former Justice pro tem, did not participate in this opinion. KELLY, Justice (dissenting in part).