This case was consolidated for trial and appeal with a companion suit, Scurlock Oil Company v. Getty Oil Company et al., 324 So.2d 870, (No. 5258 on our docket), which is being decided on this date.

For the reasons which we assigned in Scurlock Oil Company v. Getty Oil Company et al., supra, the judgment appealed from in the instant suit is affirmed. The costs of this appeal are assessed to defendant-appellant, Robert L. Waterbury.

Affirmed.