There is no substantial difference, from a legal standpoint, between this case and the one presented in the City of Luverne v. Sky-berg, heard at the same time in the court below and both argued together here.

On the authority of that case, supra, page 234, the order appealed from is modified and case remanded with direction for further proceedings in conformity to the opinion filed in the case of City of Luverne v. Skyberg.