THIS cause is entirely controlled by the decision inHanebuth v. Scott, 111 Colo. 443" date_filed="1943-10-11" court="Colo." case_name="Hanebuth v. Scott">111 Colo. 443, 142 P.2d 1008" date_filed="1943-10-11" court="Colo." case_name="Hanebuth v. Scott">142 P.2d 1008. The judgment herein is therefore reversed and the cause remanded with directions to dismiss at the costs of defendant in error.