The question presented on this appeal is identical with that considered and determined at the present term in the case ofHenn v. Heath, Inc. *Page 598
For the reason stated in the opinion filed in the case referred to, the portion of the decree appealed from in the present case will be affirmed.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, MINTURN, KALISCH, BLACK, KATZENBACH, CAMPBELL, LLOYD, WHITE, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 15.
For reversal — None.