Opinion by

This cause is similar in character and raises the same questions as No. 4442, Goodholm & Sparrow Investment Co. v. Trinidad-Cleveland Paving Co. et al., ante, 150 Pac. 109, and the law of that case controls this.

For the reasons given in the opinion filed in No. 4442, we recommend that the judgment appealed ' from be affirmed.

By the Court: It is so ordered.