Under the pleadings and the evidence, the judge, to whom the ease was submitted for decision without the intervention of a jury, did not err in finding for the defendant and rendering the judgment to which exception is taken.

Judgment affirmed.

dissenting. See Anderson v. Goodwin, 125 Ga. 663, 670 (54 S. E. 679), and cases cited in Smith v. Bennett, ante, 159.