While the facts in this case are not in all particulars identical with those in McIntyre v. Ragan, 179 Ga. 360 (175 S. E. 795), the controlling fact and the essential issue are the same. The judge based his decision sustaining the demurrer to the petition in the present case on the decision just cited, and properly held that decision controlling. Judgment affirmed.

who dissents for the same reasons as stated in the case of McIntyre v. Ragan, supra.