In view of the ruling of the Supreme Court upon review of our decision in this cause reported in 1 Wn. App. 519, 462 P.2d 976 (1969), and in view of the unanticipated ruling of Yellam v. Woerner, 77 W.D.2d 611, 464 P.2d 947 (1970), we reverse the trial court’s order of dismissal and remand the case for further proceedings.