(concurring in part and dissenting in part).
I concur in that part of the majority opinion holding the court erred in granting the motion for nonsuit and entering judgment of dismissal against appellant. I dissent from that part of the majority opinion which directs the trial court to enter judgment in favor of appellant. In my opinion respondent is entitled to have the merits of his defense passed upon by a jury. The cause should be remanded for new trial.