We agree with the decision of the Court of Civil Appeals in this case, 360 S.W.2d 548, which is in conflict with the 1959 decision of the Eastland Court of Civil Appeals in Texas Reserve Life Insurance Company v. Adams, 331 S.W.2d 240, error dismissed. In accordance with the provisions of Rule 483, Texas Rules of Civil Procedure, the application for writ of error is refused.