The facts in this case are identical with those in the case of Samuel R. Leonard v. C. E. Bottomley et al., decided herewith (ante, p. 411, 245 N. W. 849), and the determination of the questions there rule this case. The-judgment here, as in that case, is modified and affirmed for the same reasons and in the particular therein set forth.

By the Court. — So ordered.