This suit was before the Court the first time and reported in 170 Sou. Rep. 707. The facts are similar and involve the same principles of law this day enunciated in the suit of State, exrel. H.E. Wolfe Construction Co., et al., v. L.L. Parks, et al., opinion this day filed. This case being controlled by the authority of said suit the demurrer is sustained, the rule nisi discharged, and the petition dismissed. *Page 65
TERRELL and BUFORD, J.J., concur.
BROWN, J., concurs specially.