The facts in this ease are similar to these in Danbury v. Corbett, decided this day, and the identical legal question is presented. The decision in that case impels a like decision in this one.

There is error, the judgment is set aside and the case is remanded with direction to render judgment for the defendants.

In this opinion Jennings and O’Sullivan Js., concurred; Brown, C. J., and Inglis, J., dissented.