It appears from the stipulation of the parties that the same legal questions are presented in this proceeding as those in Cullinan v. McColgan, 3 Civ. No. 7341, ante, page 976 [183 P.2d 115], this day filed.

For the reasons stated in our opinion in that case the judgment herein is affirmed.

Appellant’s petition for a hearing by the Supreme Court was denied September 22, 1947. Shenk, J., and Traynor, J., voted for a hearing.