(dissenting). I am unable to distinguish this case from that of Parmeter v. Bourne, 8 Wash. 45 (35 Pac. 586, 757), and State, ex rel. Reed, v. Jones, 6 Wash. 452 (34 Pac. 201), and as, in my opinion, this court in those cases decided the principles involved in this case in favor of the appellant, it follows that the judgment should be reversed.