The facts and the principles of law applicable to this appeal are set forth and discussed in the case of Scoville v. VailInvestment Co., ante, p. 486, 103 P.2d 662.

For the reasons set forth therein, the judgment appealed from in the present case is affirmed.

ROSS, C.J., and LOCKWOOD and McALISTER, JJ., concur. *Page 502