
    38622.
    ED SMITH & SONS, INC. v. MATHIS et al.
    
    Decided November 9, 1961.
    
      Smith, Kilpatrick, Cody, Rogers de McClatchey, Ernest P. Rogers, Barry Phillips, Wm. W. Cowan, for plaintiff in error.
    
      Calhoun de Calhoun, Walter W. Calhoun, Bryan, Carter, Ansley .efe Smith, W. Colquitt Carter, Charles H. Hyatt, contra.
   Per Curiam.

The judgment of this court in Ed Smith & Sons, Inc. v. Mathis, 103 Ga. App. 661 (120 SE2d 646), having been reversed by the Supreme Court of Georgia in Ed Smith & Sons, Inc. v. Mathis, 217 Ga. 354 (122 SE2d 97), the judgment of this court is vacated, and the judgment of the Supreme Court is made the judgment of this court.

The judgment of the trial court is reversed.

All the Judges concur, except Custer, J., who did not participate in the original decision.  