Fuller, P. J.
On appeal from an order overruling a demurrer to the complaint in the action of Thomas v. Douglas Co. (decided at this term) 13 S. D. 520, 83 N. W. 580, every question here presented on a state of facts identical with that was disposed of, and for the reasons there given the present order, overruling a demurrer to the complaint, from which this appeal was taken, is affirmed.