This is a companion case of Cypert v. Roberts, ante p. 33,13 P.2d 55, tried in the superior court at the same time and presented together in this court. The questions involved are in all material respects similar to those in the Cypert case, and upon the authority of that case, the judgment of the superior court in this case is reversed, with directions to the superior court to enter judgment for the appellant. *Page 703