This is a companion case to Lamar-Delta County Levee Improvement District No. 2 v. H. E. Dunn et al. (Tex. Com. App.) 61 S.W.(2d) 816, this day decided. The decision in the latter case controls the decision in this case. We recommend that the judgment entered herein by the Court of Civil Appeals be affirmed.

The judgment of the Court of Civil Appeals is 'affirmed, as recommended by the Commission of Appeals.