This case and Leo Brothers Co. v. New Zealand Insurance Co.,ante, p. 548, 228 P. 257, were by stipulation submitted together to the court below, and this court, the facts and questions of law being substantially similar. On the authority of the decision in the last-named case, the judgment and order denying a new trial are affirmed, with costs to respondent.

Budge, William A. Lee, JJ., and Johnson, District Judge, concur.

Wm. E. Lee, J., being disqualified, took no part. *Page 555