Opinion by

The facts in this case cannot be distinguished from those in Dolese Bros, against the present defendants in error, (Dolese Bros. v. Chaney & Rickard et al.), 44 Okla. 745, 145 Pac. 1119, and that case is governing authority in the case at bar.

We therefore recommend that the judgment be reversed, with instructions to overrule the demurrer, and to allow the defendants to plead, should they so desire.

By the Court: It is so ordered.