On Motion for Rehearing.
Felton, C. J.The defendant in error strongly contends that the ruling in Hazlehurst v. Southern Fruit Distributors, 46 Ga. App. 453 (4) (167 S. E. 898) controls this case. In that case the plaintiff sued in two> counts. The first count was upon a quantum meruit and the second count was upon an express contract. The trial court in that case sustained a demurrer to the second count and the case was tried on the first count. In that case the evidence conclusively shows that there was no agreement to pay the plaintiff anything. It therefore follows that nothing said by the court in that case could be related to the issues in the instant case.
Motion for rehearing denied.