On Rehearing.
Per Curiam.On respondent’s petition a rehearing en banc has been granted in this action. After such rehearing, the majority of this court conclude that the opinion heretofore filed herein, 65 Wash. 291, 118 Pac. 51,. should be sustained.
It is therefore ordered that the judgment of the' superior court be reversed, and that the cause be remanded with instructions to dismiss.