delivered the opinion of the court.

The only reversible error we find in the record is that the jury, as is admitted by counsel for appellee, awarded appellee a judgment which was forty-two dollars in excess of that to which, under the evidence, he was entitled.

In event a remittitur of this amount is entered, the judgment of the court below will be affirmed; otherwise, it will he reversed and remanded.

Affirmed conditionally.