[1] The facts and questions of law involved herein are identical with those in the case of Nelson v. CaliforniaConstruction Co., a Corporation, (Civ. No. 808) this day decided (ante, p. 757 [22 P.2d 282]), and for the reasons there given the judgment here appealed from is affirmed.

Barnard, P.J., and Jennings, J., concurred. *Page 788