This case was submitted in this court under the agreement that the disposition of Federal Crude Oil Company v. Yount-Lee Oil Company (Tex. Civ. App.) 53 S.W.(2d) 1119, this day reversed and remanded by us +o the lower court, should control the disposition to be made of this case.

It follows that the judgment herein must be reversed, and the cause remanded for a new trial, and it is accordingly so ordered.

Reversed and remanded.