APPEAL from a judgment of the Superior Court of the County of Maricopa. M. T. Phelps, Judge. (For former opinion, see ante, p. 98, 92 P.2d 523.)
On motion for rehearing. Motion granted.
Mr. Hess Seaman, City Attorney, Mr. Wm. C. Fields and Mr. Eli Gorodezky, his Assistants, for Appellant.
Mr. A. S. Gibbons and Mr. James J. Caretto, for Appellee.
The legal questions involved in this case are the same as those in the case of City of Phoenix v.. R. F. Kidd, ante, p. 123, 94 P.2d 428, just decided.
For the reasons set forth in that case, it is ordered that the judgment be reversed and the case remanded with instructions to the trial court to permit the parties [54 Ariz. 138] to amend their pleadings, and to take an accounting in accordance with the principles expressed in City of Phoemix v. Kidd, supra, and to render judgment accordingly.
ROSS, C.J., concurs.
McALISTER, J., dissents.