I concur in the judgment in this case, but do not concur in all that is said, because a part of it, at least, is in effect in conflict with the ruling made in the case of Landrum v. Rivers, 148 Ga. 774 (98 S. E. 477). I concur in the judgment, because I am of the opinion that the facts alleged in the instant case can be differentiated from those in the case just referred to.