Agreeably to stipulation of the parties, the appeal in this cause, from the order denying defendants' motion for a new trial, was submitted to be heard and determined in the appeal from the judgment in the same cause, No. 903, ante, p. 26 [127 P. 1052].

For the reasons stated in the opinion this day filed in No. 903, the order is reversed.

Burnett, J., and Hart, J., concurred. *Page 807