Former Case Controlling.
The syllabus in this case is the same as adopted in case No. 11529, Fred L. Stevens v. W.E. Grisso, which opinion was filed on June 26, 1923, 91 Okla. ___, 216 P. 671.
(Syllabus by Foster, C.) Commissioners' Opinion, Division No. 5.
Opinion by FOSTER, C.
The facts in this case are similar to those in the case of Fred L. Stevens v. W.E. Grisso (No. 11529), decided the 26th day of June, 1923, and the decision in that case is decisive of the questions involved in this case.
The judgment of the trial court is reversed, and cause remanded, with directions to grant a new trial.
By the Court: It is so ordered.