The question presented on this appeal is identical with that considered and determined at the present term in the case of Henn v. Heath, Inc.

*598 For the reason stated in the opinion filed in the case referred to, the portion of the decree appealed from in the present case will be affirmed.

For affirmance — The Chief-Justice, Trenchard, Parker, Minturn, Kalisci-i, Black, Katzenbaci-i, Campbell, Lloyd, White, Yan Buskirk, McGlennon, Kays, Hetfield, Dear, JJ. 15.

For reversal — -None.