The opinion
Tolman, J.
(dissenting) — In my judgment, this case cannot be distinguished from the case of
Markham Shingle Co. v. Royal Ins. Co.,
106 Wash. 309 , 179 Pac. 799 ; and since I am unwilling to overrule that case, I am disposed to affirm the judgment in this case.
Main, J., concurs with Tolman, J.