This case is controlled by the ruling in the first division of the opinion in Battles v. Anchor Rome Mills Inc., ante.
The court did not err in sustaining the plaintiff's demurrer to the counter-affidavit, and in dismissing the affidavit.
Judgment affirmed. Sutton, C. J., and Worrill, J.,concur.
DECIDED SEPTEMBER 10, 1949. REHEARING DENIED SEPTEMBER 23, 1949.