Opinion by

This is a companion case to No. 3228 (Scottish Union & National Ins. Co. v. Cornett Bros., ante, 142 Pac. 315) ; the two cases having been tried and judgment rendered at the same term of court. By order of this court and *704 by consent of parties, the two cases were consolidated and briefed together; the same questions of law and fact being involved in both cases. The conclusions reached in No. 3228 (Scottish Union & National Ins. Co. v. Cornett Bros., supra) are the same in this case.

The judgment of the trial court is therefore reversed.

By the Court: It is so ordered.