dissenting. I concur in paragraphs one and three of the syllabus but dissent from paragraph two of the syllabus and from the judgment for the reason that in my opinion the holding in this case is in direct conflict with the holding of this court in the case of L. & M. Investment Co. v. Cutler, 125 Ohio St., 12, 180 N. E., 379, 86 A. L. R., 707.
*476Bell, J., concurs in paragraphs one and three of the syllabus but dissents from paragraph two of the syllabus and from the judgment.