Under the pleadings and evidence in this case, the conclusion reached by the jury was demanded as a matter of law. Mims v. Wight, 78 Ga. 12 (3 S. E. 447) ; Allen v. Lathrop, 46 Ga. 133, Roberts v. Oliver, 46 Ga. 547; Carter v. Jackson, 115 Ga. 676 (42 S. E. 46); Jones v. Wilder, 58 Ga. 178; Sutlive v. Jones, 61 Ga. 676. The court, therefore, did not err in overruling the motion for new trial.

Judgment affirmed.