The above entitled case is governed by Idaho Mutual BenefitAssoc., Inc. v. W.L. Robison, et al., 65 Idaho 793,154 P.2d 156, decided this day. Accordingly, the same judgment will be entered herein as therein.

Holden, C.J., and Ailshie, J., concur.

For the reasons stated in my dissenting opinion in IdahoMutual Benefit Assoc., Inc. v. W.L. Robison, et al., ante, p. 793, 154 P.2d 156, I dissent from the decision in this case.

Justice Dunlap concurs in this dissent.