The facts and the law involved in this case are admittedly the same as those involved in Hill v. Barner etc. et al., No. 410, this day decided.

A motion was made to dismiss the appeal in this case, but the same is without merit, and is, therefore, denied.

Upon the authority of Hill v. Barner et al., ante, p. 58, [96 P. 111], and for the reasons therein stated, the judgment and order are reversed.

Chipman, P. J., and Burnett, J., concurred. *Page 71