(dissenting) — It seems to me that this case is controlled by the principle announced in O’Connor v. Lighthizer, 34 Wash. 152, 75 Pac. 643; Noble v. Whitten, 34 *556Wash. 507, 76 Pac. 95; and Davis v. Virges, 39 Wash. 256, 81 Pac. 688. See, also, 32 Cyc. 142. I therefore dissent.