This is a companion case to the action of Davis v. Chipman (S. F. No. 13122), ante, p. 609 [293 Pac. 40], this day decided. In that'action the facts involved in the present action are fully set forth as well as the nature of the plaintiff’s demand. It is not necessary to repeat them here. Upon the authority of Davis v. Chipman, supra, the judgment herein is reversed.

Rehearing denied.

Shenk, J., and Preston, J., dissented.