This is a companion case of Pure Oil Company v. Cone Johnson Clark et al., this day decided [56 S.W.(2d) 850], and involves the same questions there involved.

We therefore make the same recommendation as in that case, viz., that the judgment of the Court of Civil Appeals [40 S.W.(2d) 962] be reversed, and the appeal to that court be dismissed.

The judgment of the Court of Civil Appeals is reversed and judgment rendered as recommended by the Commission of Appeals.