This case in its essential features is identical with the case of Ayers v. Kingsbury, (Civ. No. 1368), ante, p. 183, [143 Pac, 85], this day decided, For the reasons *804stated in the opinion of this court filed in that case, the judgment appealed from herein is affirmed.

Richards, J., and Kerrigan, J., concurred.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on September 23, 1914.