delivered the opinion of the court.

' This cause and Hanebuth v. Patton, 115 Colo. 166, 170 P. (2d) 526 are companion cases and except for two inconsequential issues covered by supplemental briefs, both *177 cases, by stipulation of counsel, have been submitted on the briefs and arguments in Hanebuth v. Patton, supra. Thus, that decision is controlling in this case, and accordingly the judgment herein is affirmed.