The question for review in this case is the same as that in case No. 3945, Udall v. Severn, ante, p. 65, 79 P.2d 347, and is controlled by the decision just handed down in that case. Under the stipulation of counsel it was submitted upon the same briefs and statement of facts.
The same order will be made as in case No. 3945.
McALISTER, C.J., and ROSS and LOCKWOOD, JJ., concur. *Page 97