¶1As the question ' which. ■ is - decisive of this case will be presented to the Court of Appeals upon .another appeal, to which this appellant is a party,' we- think that the . preSent'motion should be.granted to prevent, a possible injustice which may arise if the Court of. Appeals should differ from this court in its conclusions. ■ ‘ - '' .
¶2Pre.sent: Daly, Oh., J., Bischoff and Pryor, JJ.
¶3Motion granted,‘without costs.