The opinion of the court was delivered by

The appeal in this case is from the order and judgment of the trial court sustaining a demurrer to plaintiff’s petition. The appeal involves the same questions presented in the case of G. S. *738Johnson Co. v. N. Sauer Milling Co., this day decided. See post, p. 861. For the reasons therein stated, we hold the petition herein fails to state a cause of action.

The judgment is affirmed.