
    Rhodes v. Ashley.
    No. 4950.
    February 19, 1926.
    Equitable petition. Before Judge Malcolm D. Jones. Bibb superior court. January 26, 1925.
    
      Hunter & Daley and James L. Wimberly, for plaintiff.
    
      J. D. Hughes and D. W. McCoy, for defendant.
   Russell, C. J.

Under the evidence the court should have submitted the case to the jury, and the trial judge erred in granting a nonsuit.

Judgment reversed.

All the Justices eoneur.  