I concur in the judgment of affirmance, but in doing so, I do not wish to be understood as giving my approval to the decisions of this court in Artukovich v. Astendorf, 21 Cal.2d 329 [131 P.2d 831], and Powers Farms v. Consolidated Irr. Dist., 19 Cal.2d 123 [119 P.2d 717], cited in the majority opinion. I filed a dissenting opinion in both of the last mentioned cases, which, in my opinion, correctly stated the law applicable thereto. I do not consider either of these cases authority for the position taken by the majority in the case at bar, and my concurrence in the result reached in the majority opinion in this case is based solely upon my interpretation of the statute here involved (Gov. Code, § 1981) which compels the conclusion here reached.