¶1OPINION
¶2This case is before us as a result of a dismissal by the trial court under Rule 41 (e), Rules of Civil Procedure (§ 21-1-1 (41) (e), N.M.S.A., 1953 Comp.).
¶3The instant case is controlled by the recent case of Southwest Underwriters v. Montoya, 80 N.M. 107, 452 P.2d 176 (1969).
¶4The order of dismissal is affirmed.
¶5It is so ordered.