In this case the facts and questions of law are substantially the same as in the case of Sweaney & Smith Co. et al. v. St. Paul Fire & Marine Ins. Co. of St. Paul, ante, p. 303, 206 Pac. 178. Upon the authority of that case, the judgment herein is afSrmed. Costs are awarded to respondents.
Rice, C. J., and McCarthy, Dunn and Lee, JJ., concur.