The defendant is sued for damages arising from an alleged breach of contract.

The defendant, through his agent, agreed to purchase the plaintiff’s *262plantation for a fixed price, subject to an examination of the title. Defendant’s counsel, after examination, advised him that the title was not good.

Under these circumstances we do not see where the plaintiff has any .right to claim damages for a non-compliance of contract.

Judgment affirmed.

Rehearing refused.

dissenting. I dissent in this case, and will file my reasons hereafter.