In the opinion rendered in the above entitled action, the court inadvertently reversed the judgment against both defendants. Since there was no error in the record as to defendant Carruthers, it follows that as against him the judgment is affirmed. As to the defendant Richardson, the judgment is reversed and the cause remanded for a new trial.
With this modification, the court adheres to the original opinion.
RAND, C.J., and ROSSMAN and KELLY, JJ., concur. *Page 73