His Honor, upon consideration of facts agreed and submitted to him rendered judgment in favor of defendant E.A. Griffith, and the relator, M.L. Mott, excepted and appealed. From the facts agreed in this case it appears to us that the same questions of law are presented for our determination that were presented inWhite v. Murray, ante, 153, and this case is controlled by the opinion in that. The judgment of the court below that the plaintiff could not recover must be

Affirmed.

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