Wax v. Co-Operative Refinery Ass'n

A former opinion in this case is reported as Wax v. Co-Operative Refinery Assn., ante p. 42, 46 N. W. 2d 769. Upon reargument, we arrive at the same result as in *806such former opinion, but upon the basis of somewhat different reasoning. However, we still adhere to and reaffirm syllabus 7 and 8, together with that part of the opinion discussing and perfecting the propositions of law established by such syllabus. Otherwise, insofar as said former opinion is in conflict herewith, it is vacated and withdrawn.

The pleadings and pertinent facts appearing in the record are correctly reflected in that…