The declaration herein does not wholly fail to state a cause of action, therefore the demurrer thereto should have been overruled. See Wertz v. Tampa Electric Co., 78 Fla. 405, 83 South. Rep. 270; Peterson v. Oscar Daniels Co., 83 Fla. 29, 90 South. Rep. 621.

The judgment rendered on the demurrer is reversed.