In this case, for the reasons stated in the case of Davis-Wood Lumber Co. v. Insurance Company of North America, 154 So. 760, the judgment appealed from herein, with damages, legal interest, and attorney's fees allowed, is avoided, annulled, and reversed; and that the demand of the plaintiff be and is hereby rejected, at its cost in both courts.

ELLIOTT, J., dissenting. See Davis-Wood Lumber Co. v. Insurance Company of North America, 154 So. 760, this day decided. *Page 768

In this case, for the reasons stated in the case of Davis-Wood Lumber Co. v. Insurance Company of North America, 154 So. 760, the judgment appealed from herein, with damages, legal interest, and attorney’s fees allowed, is avoided, annulled, and reversed; and that the demand of the plaintiff be and is hereby rejected, at its cost in both courts.

dissenting. See Davis-Wood Lumber Co. v. Insurance Company of North America, 154 So. 760, this day decided.