This case is controlled by the decision of this court in Huntley Manufacturing Co. v. Nixon Grocery Co., ante, 46 (64 S. E. 279), and eases there cited. Jxidgmenb affirmed.
Complaint, from • city court of Miller county — Judge Bush. December 4, 1908. Submitted February 25, — Decided June 15, 1909. P. D. Rich, for plaintiff in error. W. I. Geer, contra