This ease was argued and submitted together with Cafritz Construction Co. v. Robert Mudrick and Fredy Mudrick, 61 App. D. C. 189, 59 F. (2d) 864, and involves the same issue this day decided by ns therein. Consistently with our decision in that caso the judgment of the, lower court herein is reversed with costs, and this cause is remanded for further proceedings not inconsistent herewith.

ROBB, Associate Justice, dissents.