The identical question here presented was involved in No. 18375, Thomas L. Eggleston, Sr., v. Sinclair Oil & Gas Co. et al., this day decided by this court (132 Okla. 81, 269 Pac. 306), and by stipulation of the parties, this case was submitted on the same briefs and oral argument.

The decision in Eggleston, Sr., v. Sinclair Oil & Gas Co. et al., supra, is therefore controlling here, and upon authority of that case it is ordered that the judgment herein he, and the same is hereby, affirmed.