The same questions involved in this case were presented to this court in Empire Gas & Fuel Co. et al. v. Lindersmith, No. 18246, this day decided by this court. The same reasoning and the same rules of law applied in No. 18246, supra, apply in the case at bar.

Upon authority of Empire Gas & Fuel Co. v. Lindersmith, 131 Okla. 183, 268 Pac. 218, this case is affirmed.

Note. — See under (1) 37 C. J. p. 725, §44.