This is the third appearance of this case in this court (Tucker v. Wimpey, 155 Ga. 118, 116 S. E. 315; Tucker v. Wimpey, 158 Ga. 820, 124 S. E. 692) ; but on the last trial the evidence was different from what it was on the other trials, and required the verdict for .the defendants, directed by the court.
Judgment affirmed.
All the Justices concur, except Russell, O. J., dissenting.