concurring specially. The decision in Oliver v. James, 131 Ga. 182, was rendered by the entire bench, and is binding as to the exact points there determined. I am not, however, prepared to abandon what was said in the dissenting opinion in Columbus Fertilizer Co. v. Hanks, 119 Ga. 955 (47 S. E. 222), cited in Rountree v. Jones, 124 Ga. 395 (52 S. E. 325).