Opinion by

The facts in this case are similar to those in the case of Fred L. Stevens v. W. E. Grisso (No. 11529), decided the 26th day of June, 1923, and the decision in that case is decisive of the questions involved in this case.

The judgment of the trial court is, reversed, and cause remanded, with directions to grant a new trial. •

By the Court: It is so ordered.