On Reheabing.

Upon a rehearing En Bcmc, a majority of the court adheres to the opinion heretofore filed herein and reported in 139 Wash. 695, 246 Pac. 295.

Judgment reversed, and cause remanded with directions to the superior court to dismiss the action.

Fullebton and Beidges, JJ., dissent.

Judge Parker, being absent, took no part in the hearing En Banc.