delivered the opinion of the Court.

The only question involved in this case is substantially and in legal effect identical with that determined in I. R. Collard v. H. P. Hohnstein, 174 Pac. 596 handed down at this term of the Court. The opinion in that case is controlling here. The judgment of the trial court is therefore affirmed.

Judgment affirmed.

Mr. Chief Justice Hill and Mr. Justice Allen concur.