¶1 (concurring) — On the question whether the record in the case before us presents a situation for the application of the doctrine known as “the law of the case,” I have some doubt. However, I .am of the opinion that the judgment is right from the standpoint of the merits, and for this reason I concur in the conclusion reached by the majority.
¶2 Holcomb, J., concurs with Fullerton, J.