This ease presents precisely the same questions which were determined by this court in the case of Lemp v. Fullerton, ante, p. 192. We need not set out the facts nor reasoning upon which that opinion is based. Following that case the judgment of the district court will be reversed, and the caúse remanded, with directions to enter judgment for the defendant for the value of the beer as shown by the petition, which is three hundred and seventy dollars. Reversed.