All the questions raised in this case that are insisted upon in the brief of appellant’s counsel Avere, since this submission, decided in a similar case betAveen the same parties to the record, where the facts Avere not materially different from those here. — Smith v. Allen, 7 Ala. App. 397, 62 South. 296. On that authority the judgment here is reversed and the cause remanded.
Reversed and remanded.