The law applicable to Independent School District v. Pfost,ante, p. 240, 4 P.2d 893, argued and submitted at this term, is decisive of this case. Upon the authority of the opinion in that case the judgment in this case is reversed, with directions to sustain the demurrer and dismiss the complaint.

Lee, C.J., and Budge, Givens and Varian, JJ., concur. *Page 256