The same question is raised in this case that has been passed upon in Peter Kerr et al. v. Finch, ante, p. 32, 135 Pac. 1165, just decided, and the case of Houser v. Hobart, 22 Ida. 735, 127 Pac. 997, 43 L. R. A., N. S., 410.

Upon the authority of those cases the judgment herein must be affirmed, and it is so ordered. Costs awarded in favor of respondent.