We are of the opinion that this section is applicable here and distinguishes this case from Covey Motor Car Co. v. Hurlburt (Or.), 207 Pac. 166, and Northwest Auto Co. v. Hurlburt (Or.), 207 Pac. 161, and that the demurrer to the complaint should have been overruled. The decree is reversed and the cause is remanded to the Circuit Court for further proceedings. Reversed and Remanded.