This case is controlled in principle by the decision just announced in Arbie M. Dale v. W.E. Jaeger, ante, p. 576,258 Pac. 1081.
Judgment reversed, with instruction to the trial court to dismiss the action. Costs to appellant.
Wm. E. Lee, C.J., and Budge and Givens, JJ., concur.
Taylor, J., took no part.
Petition for rehearing denied. *Page 583