delivered the opinion of the court:

This action was tried with No. 8989, The First National Bank of Fort Collins, plaintiff in error, v. John E. Shafer and Bert A. Shafer, doing business as The Shafer Hardware Company, defendants in error. The same state of facts applies to both. The opinion in the other case controls this and justifies an affirmance of the judgment, which is ordered.

Affirmed.

Decision en banc.

Justices White, Garrigues and Bailey dissent.