This is the second appearance of this case. See MacNeill v. Bellah, 198 Ga. 51 (31 S.E.2d 18). This case is controlled by the decision in MacNeill v. Wertz, ante, 429.

Judgment affirmed. All the Justices concur, except Duckworth, Wyatt, and Head, JJ., who dissent. Jenkins, P. J., concurs specially.