This is a companion ease to that of Starry v. Lake, Civil No. 4931 (ante, p. 677 [28 Pac. 80]), in which an opinion of this court has this day been filed.

Both cases were submitted upon the same briefs and the question in each is identical.

Upon the authority of the case of Starry v. Lake, ante, p. 677, the judgment in the instant case is affirmed.

A petition for a rehearing of this cause was denied by the District Court of Appeal on January 8, 1934.