This is a companion case to Hershey v. Banta, ante, p. 93,99 P.2d 81. The two cases were argued together, and all of the points necessary to a decision in the present case were passed upon in case No. 4124.

The judgment is, therefore, affirmed.

ROSS, C.J., and LOCKWOOD and McALISTER, JJ., concur. *Page 105