I concur in the judgment, and in the reasoning of the foregoing opinion.
I think, however, the decision in this case cannot he reconciled with the cases of Wood v. Franks, 56 Cal. 217, and Sherman v. Finch, 71 Cal. 68. In my judgment, those cases were wrongly decided, and I have no hesitancy in concurring in this judgment, which, in effect, overrules them.