By authority of Scott Poultry Company v. Bryan Oil Company, decided this day, and the cases therein cited, we hold that under the facts of the instant case the court was without authority to enter judgment on the pleas in bar. The judgment entered by the court below is vacated and this cause is remanded for disposition in accord with-the opinion in Scott Poultry Company v. Bryan Oil Company, ante, 16.

Error and remanded.